Other Consumer Protection Issues

NCLC works on a number of other critical consumer protection issues that affect the ability of low- income families to achieve financial security and build wealth.

Unfair and Deceptive Acts and Practices Protection of Exempt Public Benefits Debt Relief Services Debt Settlement Credit Counseling Disaster Relief & Consumer Protection

Foreclosure Mediation – Model Documents

Model Foreclosure Mediation/Diversion Statute (Judicial Foreclosure State)

Model Foreclosure Mediation/Diversion Statute (Non Judicial Foreclosure State)

Model Statute: Requirement for Loan Modification Analysis/Loss Mitigation Before Foreclosure

Memorandum on Federal and State Constitutional Issues Related to Foreclosure Mediation/Diversion

Model Form for Summary Data of Loan Modifications from Mediations/Conference

Credit Reports Policy Analysis Archive

Credit Reports Policy Briefs, Reports & Press Releases

Press release: Statement of National Consumer Law Center Staff Attorney Chi Chi Wu on the Equifax Data Breach that Affected 143 Million Consumers, Sept. 8, 2017 Press release: Tens of Millions of Consumers Will Benefit from New Rules for Medical Debt on Credit Reports, Sept. 7, 2017 Press release: NCLC Attorney Wu to Testify on Sept. 7 Before House Financial Services Committee Opposing Six Anti-Consumer Bills, Sept. 6, 2017 Testimony Press release: Advocates Applaud CFPB for Enforcement Action against JPMorgan Chase for Deficiencies Related to Reporting to ChexSystems/Early Warning Services, Aug. 2, 2017 Press release: New Reforms Will Improve Credit Reporting Accuracy for Millions of Consumers, June 28, 2017 Press release: Class Actions Matter: Consumers Mislabeled as Terrorists Win Record $60 Million against TransUnion for Violating Key Consumer Protection Law, June 21, 2017 Press release: NCLC Advocates Applaud CFPB for Enforcement Action against Experian for Deceptive Marketing of Credit Scoring Products, March 23, 2017 Press release: NCLC Advocates Applaud CFPB for Enforcement Actions against Equifax and TransUnion for Deceptive Marketing of Credit Monitoring Products, Jan. 3, 2017 Press release: Advocates Urge Support for Comprehensive Consumer Credit Reporting Reform Act of 2016, May 19, 2016 Press release: Consumer and Labor Groups Urge Experian to Offer Free Security Freezes to T- Mobile Customers to Help Prevent Id Theft, Oct. 2, 2015 Press release: NCLC & NACA Statement re: the Consumer Reporting Fairness Act, July 15, 2015 Full Utility Credit Reporting

– Letter Expression Concerns re Section 201 of S.488, Credit Access and Inclusion Act, July 20, 2018 – Press release: U.S. House Financial Services Committee Votes to Reduce Credit Bureaus Consumer Protections (H.R. 435), Dec. 13, 2017 – H.R. 435, Credit Access and Inclusion Act. Consumer opposition letter, Dec. 8, 2017 – Policy brief: Credit Invisibility and Alternative Data: The Devil is in the Details, June 2015 – Issue Brief: Full Utility Credit Reporting: Risks to Low Income Consumers, July 2012 Updated August 2013 – Presentation to National Association of Regulatory Utility Commissions, June 2010 – Risks to Low Income Consumers, Dec. 2009

Press release: CFPB Report and Hearing Show Urgent Need to Protect Consumers from Medical Debt Collection, Dec. 11, 2014 Policy brief: Introduction to Account Screening Consumer Reporting Agencies, October 2014 Report: Strong Medicine Needed: What the CFPB Should Do to Protect Consumers from Unfair Collection and Reporting of Medical Debt, Sept. 10, 2014 Statement Supporting U.S. Senate bill (Stop Errors in Credit Use and Reporting Act of 2014), April 9, 2014 Report: Big Data, a Big Disappointment for Scoring Consumer Creditworthiness, March 2014 Press Release: Consumers win with CFPB credit report changes, Feb. 27, 2014 Report: Automated Injustice: How a Mechanized Dispute System Frustrates Consumers Seeking to Fix Errors in Their Credit Reports, Jan. 2009 Solving the Credit Conundrum: Helping Consumers’ Credit Records Impaired by the Foreclosure Crisis and Great Recession, Dec. 2013 Press Release: New FTC Study Points to Much-Needed Reforms for Credit Reporting Industry, Feb. 11, 2013 Press Release: CFPB Report Points to Needed Reforms for Credit Reporting Industry, Dec. 13, 2012 Press Release: Excellent CFPB study on credit scores, Sept. 25, 2012 Press Release: CFPB to Oversee Credit Reporting Agencies, July 16, 2012 Broken Records: How Errors by Criminal Background Checking Companies Harm Workers and Businesses, April 2012 Using Nontraditional Credit Information: Boon or Bane? Do Alternative Credit Scores and Credit Reports Really Help Low-Income Consumers?, June 2009 Transition Memo from Community Legal Services, NCLC, and others to FTC on Background Screening Agencies, December 2008 Credit Scoring and Insurance: Costing Consumers Billions and Perpetuating the Economic Racial Divide, 2007 NCLC Analysis of the Fair and Accurate Credit Transactions Act of 2003, Pub. L. No. 108-159, 2003 Consumers Union analysis of the scope and limits of the preemption provisions under the FACTA, with examples of the many types of state laws that can still be enacted and enforced.

Credit Reports Comments and Testimony

Testimony before the U.S. House of Representative Committee on Financial Services regarding “An Overview of the Credit Reporting System“, September 10, 2014 Comments to the Federal Trade Commission re Big Data: A Tool for Inclusion or Exclusion?, Aug. 15, 2014 Testimony before the U.S. Senate Banking Committee Subcommittee Re: Making Sense of Consumer Credit Reports, Dec. 19, 2012 Testimony regarding “Examining the Uses of Consumer Credit Data“, Sept. 13, 2012 Comments to the CFPB re: defining the “larger” debt collectors and consumer reporting agencies, April 17, 2012 Dodd-Frank Credit Score Disclosure: Consumer and Civil Rights Group Comments, Apr. 2011 Use of Credit Reports in Employment and Restoring Consumer Rights for Adverse Action Disclosures, Testimony regarding Use of Credit Information beyond Lending: Issues and Reform Proposals, May 12, 2010 Prevent Deceptive Marketing of Credit Reports, Consumer Group Comments, Dec. 2009 Comments on Proposed Guidelines and Rule re: Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies under FACTA Section 312, February 12, 2008 Comments regarding FACTA Interim Final Rule Prohibiting Circumvention, Project No. P044804, April 2004 Testimony of Anthony Rodriquez to House Financial Services on: Fair Credit Reporting Act: How it Functions for Consumers and the Economy, June 4, 2003

Credit Reports Letters

Letter urging IRS to make Identity Theft PINs available to all taxpayers, Sept. 2017 Letter supporting HR 3755, The Comprehensive Consumer Credit Reporting Reform Act of 2017 (Waters), Sept. 2017 Letter opposing Credit Services Protection Act of 2017 (Royce) and Testimony, Sept. 6, 2017 Letter opposing H.R. 2359 FCRA Liability Harmonization Act (Loudermilk) (eliminating FCRA punitive damages and capping class action statutory damages to $500,000), Sept. 6, 2017 Consumer and civil rights groups letter to credit reporting agencies requesting free credit and specialty reports in multiple languages for Wells Fargo customers affected by phantom accounts, Oct. 6, 2016 Group letter opposing H.R. 4172, Credit Access and Inclusion Act, May 18, 2016 Group letter to the CFPB and FTC re: Experian’s T-Mobile data breach, Oct. 8, 2015 Letter to Experian and T-Mobile re: Data Breach, Oct.2, 2015 Letter opposing H.R. 3035, Credit Access and Inclusion Act, Sept. 8, 2015 Letter opposing H.R. 347, the misleadingly-named “Facilitating Access to Credit Act of 2015” by consumer, civil rights and advocacy groups, April 27, 2015, plus Q&A Fact Sheet Letter urges FHFA to insist that Fannie Mae and Freddie Mac change its policies that require the use of FICO 04, Nov. 14, 2014 Letter urges FHFA to require Fannie Mae and Freddie Mac to reverse policies that require manual underwriting if the applicant’s credit report contains a dispute, Nov. 14, 2014. Letters expressing concern about the harm to consumers and the preemptive effects of HR 6363 (Renacci), The Credit Access and Inclusion Act, which promotes full file utility credit reporting, Sept. 2012 Group letter to the CFPB re: FHA violation of the Equal Credit Opportunity Act’s Anti- Retaliation Provisions, March 30, 2012 Medical Debt Relief Act of 2009, H.R. 3421 (Kilroy), Consumer Group Letter, July 26, 2010 Letter opposing H.R. 2885, Credit Monitoring Clarification Act, May 2008

Credit Card Archive

Credit Cards Policy Briefs, Reports & Press Releases Archive

Press Release: Consumer tips with a data breach, Dec. 19, 2013 Press release: Consumer Advocates Applaud CFPB for CareCredit Enforcement Action, Dec. 10, 2013 Statement re: CFPB Report on Credit Card Act Reform, Oct. 2, 2013 Press Release: CFPB Rule on Fee-Harvester Credit Cards, March 28, 2013 Issue Brief: Myths & Realities About the CARD Act Independent Ability-To-Pay Provision, June 2012. See also NCLC original and reply comments to CFPB Advocates Urge Consumer Financial Protection Bureau to Stand Firm on Protection from Fee- Harvester Credit Cards, April 2012 U.S. Supreme Court CompuCredit Corp. v. Greenwood Decision Denies Basic Legal Right to Day in Court, Jan. 2012 Beyond the Credit CARD Act: Features of a Safer Credit Card Policy Brief and Press Release, Nov. 2010 Credit CARD Protections Take Effect Feb. 22 But Loopholes and Abuses Persist: Financial watchdog needed to crack down on evasion, abuse and unfairness. Advice for Consumers, Feb. 17, 2010 Credit Card Evasions Rampant: Schemes to Avoid New Laws Rampant Before the Laws Even Go Into Effect, Nov. 20, 2009 10 Million Americans Unprotected by Fed Credit Card Rules: New Analysis Shows Fed Rules Still Allow Onerous Rate Hikes For 80 Million Credit Card Accounts Press Release, Apr. 27, 2009 Press Release: Senator Durbin introduces quick fix for predatory consumer lending, July 18 2008 Press Release: Fed’s Credit Card Rules: Good First Step, May 2, 2008 High-Fee, Low-Credit Predatory Credit Cards Prey Upon the Poor, Nov. 2007 Fee-Harvesters: Low-Credit, High-Cost Cards Bleed Consumers Report Press Release: Consumer Groups to Fed: Stop Abusive Credit Card Practices Press Release, October 15, 2007 Press Release: Consumer Groups Call for Congressional Action on Unjustifiable Fees, Outrageous Interest Rates and Questionable Lending Practices, March 7, 2007 The Life and Debt Cycle The Implications of Rising Credit Card Debt Among Older Consumers Report, July 2006, Part I and Part II Credit Cards Comments and Testimony Archive

First Set and Second Set of Comments of NCLC in response to CFPB Request for Information Regarding the Credit Card Market, May 18, 2015 Comments to the Consumer Financial Protection Bureau regarding the Credit CARD Act of 2009, Feb. 19, 2013 Comments on proposed CFPB rules amending ability-to-pay requirements to permit consideration of household income, Jan. 7, 2012 Comments on proposed rule on fee harvester cards, June 11, 2012 Comments on Regulations Implementing $50,000 threshold for transactions exempt from Truth in Lending, Feb. 1, 2011 Consumer Groups’ Comments on Regulations Implementing the Credit CARD Act of 2009 January 3, 2011 – Comments on cleanup rules to prevent evasions March 14, 2010 – Comments on Reasonable and Proportional Penalty Fees and Re-Evaluation of Rate Increases November 20, 2009 – Comments on CARD Act Regulations. Cites examples of tactics designed to avoid Credit CARD Act protections September 21, 2009 – Comments on Right to Reject Changes and 45 days Notice Requirements Comments of NCLC and others re: Proposed Rulemaking to Prohibit Unfair or Deceptive Acts or Practices with Respect to Credit Cards and Overdraft Loans, August 4, 2008 Comments of NCLC and others re FRB May 2008 Revised Proposal on Regulation Z Credit Card Disclosures, July 18, 2008 Comments of the National Consumer Law Center and Others, October 12, 2007 – Appendices to Comments Comments of the NCLC and NACA Regarding Advance Notice of Proposed Rulemaking Relating to Unfair or Deceptive Acts or Practices, November 2007 Testimony before the Committee on Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations regarding Credit Card Practices, March 7, 2007 Written Testimony of Michael D. Donovan, Partner Donavan Searles, LLC, Philadelphia, also on behalf of NCLC and NACA before the Senate Committee on Banking, Housing, and Urban Affairs, January 25, 2007 Joint Recommendations of Consumer Groups on Unfair Credit Card Practices: Eliminate Reckless and Abusive Lending by Credit Card Companies, January 25, 2007

Credit Cards Letters Archive

Violations of the Credit CARD Act: Letters to Office of Comptroller of Currency and Office of Thrift Supervision regarding violations of the Credit CARD Act, July 7, 2010 Credit Card Accountability, Responsibility and Reform Act, S. 414.: Support Letter for Senator Dodd Credit CARD Act Coalition Letter asking Treasury Secretary Geithner to impose fairness in conditions on the use of our tax money to support the purchase of credit card debt, Jan. 2009 Electric and Gas

HOT TOPICS • New Maryland Law Will Protect Low-Income Families from Overpriced Electricity and Gas , June 7, 2021 • Testimony of NCLC attorney Jenifer Bosco before the MA Joint Committee on Telecommunications, Utiliites & Energy re: Competitive Energy Suppliers, Jan. 14, 2020; Press Release • Issue Brief: Still No Relief for Massachusetts Consumers Tricked by Competitive Electric Supply Companies, October 2018 • Report: Competing to Overcharge Customers: The Competitive Energy Supplier Market in Massachusetts, April 2018

Disruption of these life-sustaining services puts lives at risk. NCLC works on federal and state policies to ensure reasonable rates and protections for low-income households.

Administrative & Regulatory Advocacy

PowerPoint: Competitive Energy Supply A Legacy of Deception, Fraud And Consumer Rip- Offs presented by National Consumer Law Center attorney Karen Lusson before the Arizona Corporation Commission Stakeholder Meeting & Worksop re: Possible Modifications to the Arizona Corporation Commission’s Retail Electric Competition Rules, Feb. 25, 2020 Comments to the MA DPU Re: Request of the Office of Attorney General, Office of Ratepayer Advocacy for Investigation into the Effect of the Individual Residential Supply Market on Low Income Ratepayer Assistance Programs, Jan. 10, 2020 Comments to the Massachusetts Dept. of Public Utilities on its own Motion into initiatives to promote and protect consumer interests in the Retail Electric Competitive Supply Market, Feb. 19, 2019, Additional Comments re: the Dept.’s Tier Two Initiatives, Apr. 2, 2020 Comments of National Consumer Law Center on behalf of its low-income clients on Proposed Changes to 940 CMR 19.00, Jan. 13, 2017 Comments to the CA Public Utilities Commission on the Joint Motion for Settlement regarding its motion to address issue of customers’ electric and natural gas service disconnection and Response to Petition for Modification, April 2014

COMPLAINT OF ENE, NCLC, ET AL. CHALLENGING BASE RETURN ON EQUITY, filed with Federal Energy Regulatory Comm’n Dec. 27, 2012 California Adopts Order to Reduce Utility Disconnections of Vulnerable Households, April 2012 Model Settlement Protects Vulnerable Consumers from Utility Disconnections, Dec. 27, 2010

Policy Analysis

Policy Briefs, Reports & Press Releases

New Maryland Law Will Protect Low-Income Families from Overpriced Electricity and Gas, June 7, 2021 Issue Brief: Still No Relief for Massachusetts Consumers Tricked by Competitive Electric Supply Companies, October 2018 Press Release & Report: Competing to Overcharge Customers: The Competitive Energy Supplier Market in Massachusetts, April 2018 Press Release: Federal Energy Regulatory Commission Slashes Major Rate Relief Due on New England Electric Bills, June 24, 2014; FERC decision, June 20, 2014 Report: Rethinking Prepaid Utility Service: Customers at Risk, June 2012

Comments and Testimony MA S. 2150/H. 3352, An Act relative to electric ratepayer protections. Support Testimony, Jul. 28, 2021 Comments re: MA Department of Public Utilities Vote and Order Opening Inquiry 21-50, Jun. 14, 2021 MD S.B. 31, Electricity and Gas Suppliers – Energy Supply Offers. Support Testimony, Jan. 29, 2021 MD S.B. 681, Comprehensive Protections for Residential Consumers. Feb. 25, 2020. Support Testimony. Slides. MD H.B. 1224 / S.B. 685, Protecting Low-Income Consumers. Feb. 25, 2020. Senate Support Testimony. House Support Testimony. Senate Bill Slides. House Bill Slides. PowerPoint: Competitive Energy Supply A Legacy of Deception, Fraud And Consumer Rip-Offs presented by National Consumer Law Center attorney Karen Lusson before the Arizona Corporation Commission Stakeholder Meeting & Workshop re: Possible Modifications to the Arizona Corporation Commission’s Retail Electric Competition Rules, Feb. 25, 2020 MD H.B. 260 / S.B. 686, Reporting. Feb. 11, 2020. House Support Testimony. Senate Support Testimony. Slides. Additional Slide. Testimony of NCLC attorney Jenifer Bosco before the MA Joint Committee on Consumer Protection and Professional Licensure re: Competitive Electric Supply, January 27, 2020 Testimony of NCLC attorney Jenifer Bosco before the MA Joint Committee on Telecommunications, Utilities & Energy re: Competitive Energy Suppliers, Jan. 14, 2020; Press Release Comments to the Massachusetts Dept. of Public Utilities on its own Motion into initiatives to promote and protect consumer interests in the Retail Electric Competitive Supply Market, Feb. 19, 2019 Public Comment regarding the Madison Gas and Electric Company proposal to increase fixed, monthly residential customer charges from $10.50 per month to $19.00 per month, October 3, 2014 Group comments to the Federal Energy Regulatory Commission supporting that the wholesale cost of power be just and reasonable, January 8, 2014 Testimony re: San Diego Gas and Electric Company’s proposal to implement a residential prepaid electric service pilot program, June 12, 2012 Comments (Aug. 5, 2011) and Reply Comments (Aug. 26, 2011) of the Iowa Bureau of Energy Assistance regarding Prepaid Meters Comments – Consumer Groups Representing Residential Ratepayers on FERC Technical Conference on RTO Responsiveness, March 8, 2010 Comments from Consumer Commenters on FERC RTO/ISO Performance Metrics, March 8, 2010 Comment of Low-Income Weatherization and Fuel Assistance Program Network on Smart Grid Pilot, June 15, 2009 Testimony: NCLC testimony on prepayment metering submitted on behalf of the Nevada Bureau of Consumer Protection, June 2004 Additional Comments to Massachusetts Department of Telecommunications and Energy on increasing the penetration rate for discounted electric, gas and phone Service, DTE 01-106, November 2002. Reply Comments to the Massachusetts Department of Telecommunications and Energy on increasing the penetration rate for discounted electric, gas and phone Service, DTE 01-106, March 2002 Initial Comments to Massachusetts Department of Telecommunications and Energy on increasing the penetration rate for discounted electric, gas and phone Service, DTE 01-106, January 2002 Letters

Public Citizen letter re: consumer protections in solar leases, August 2016 Joint Letter to FERC Chairman Wellinghoff on data regarding “just and reasonable rates” in an upcoming FERC RTO/ISO Performance Metrics Docket, February 19, 2010 Letter to Congress re: Smart Grid and Energy Efficiency, February 4, 2009

Additional Resources

The Need for Essential Consumer Protections, John Howat’s presentation at New York Low- Income Forum on Energy, June 24, 2015 Prepaid Utility Service and Revenue Decoupling by National Resource Defense Council Energy Program Co-director Ralph Cavanagh and NCLC Senior Energy Policy Analyst John Howat published in the Electricity Policy Journal, May 2, 2012 NCLC’s Energy and Utility Publications and Resources “Stay Connected” Training

Purchase and Assumption Agreements

Purchase and Assumption Agreements

1st American State Bank 1st Centennial Bank 1st Pacific Bank of California Access Bank Affinity Bank All American Bank (amendment) Allegiance Bank of North America Alliance Bank Alpha Bank & Trust Amcore Bank Ameribank Inc., OH Ameribank, Inc. WV Americanfirst Bank American Eagle Savings Bank American Marine Bank American National Bank American United Bank AmTrust Bank Appalachian Community Bank Atlantic Bank and Trust Atlantic Southern Bank BankEast (TN) Bank of Bonifay Bank of Choice Bank of Clark County Bank of Commerce Bank of Ellijay Bank of Elmwood Bank of Florida-Southeast Bank of Florida-Southwest Bank of Florida-Tampa Bank of Hiawassee Bank of Illinois Bank of Leeton Bank of Lincolnwood Bank of Shorewood Bank of the Commonwealth Bank of Whitman Bank of Wyoming BankFirst BankMeridian, N.A. Bankunited (addendum) Bank USA Barnes Banking Company Bartow County Bank Bay National Bank Bayside Savings Bank BC National Banks Beach First National Bank Benchmark Bank Blue Ridge Savings Bank, Inc. Bradford Bank Bramble Savings Bank Brickwell Community Bank Broadway Bank Broadway Bank – Evaluation of Closing Buckhead Community Bank Butler Bank Butte Community Bank California National Bank CapitalSouth Carson River Community Bank Central Bank of Georgia Central Progressive Bank Century Bank, FSB Century Security Bank CF Bancorp Champion Bank Charter Bank Charter National Bank and Tust Charter Oak Bank Citizens Bank and Trust Company of Citizens Bank of Effingham Citizens Bank of Northern California Citizens National Bank Citizens State Bank City Bank Coastal Bank Coastal Community Bank Colonial Bank Colorado Capital Bank Colorado National Bank Columbia State Bank Commerce Bank of Southwest Florida Community and Security Bank Community Bank & Trust Community Bank of Arizona Community Bank of Lemont Community Bank of Nevada Community Bank of Rockmart Community Banks of Colorado Community Central Bank Community Capital Bank Community First Bank Community National Bank at Bartow Community National Bank of Sarasota County Coopertive Bank Copper Star Bank Corn Belt Bank and Trust Company Cortez Community Bank Corus Bank Country Bank (Aledo, IL) County Bank Covenant Bank & Trust CreekSide Bank Crescent Bank and Trust Company Decatur First Bank Darby Bank Trust Co. Desert Hills Bank Downey Savings and Loan Association Dwelling House Savings and Loan Association Ebank Elizabeth State Bank Eurobank Evergreen Bank Federal Savings Bank Fidelity Bank First BankAmericano First Bank of Jacksonville FirstBank Financial Services First Banking Center & Trust First Choice Bank First Choice Community Bank First Commerce Community Bank First Commercial Bank of Tampa Bay First Coweta First Dupage Bank First Federal Bank of California First Federal Bank of North Florida First Georgia Banking Company First Guaranty Bank and Trust Company at Jacksonville First Heritage Bank (CA) First Heritage Bank (WA) First International Bank First Lowndes Bank First National Bank of Danville First National Bank of Carrollton, Georgia First National Bank of Central Florida First National Bank of Davis First National Bank of Florida First National Bank of Olathe First National Bank of Savannah, Georgia First National Bank – Mississippi First National Bank of Nevada First National Bank of the South, Spartanburg, SC First Peoples Bank First Piedmont First Priority Bank First Regional Bank First Security National Bank First Southern National Bank First State Bank (FL) First State Bank (AZ) First State Bank (NJ) First State Bank of Altus First State Bank of Winchester First Suburban National Bank First Vietnamese American Bank Flagship National Bank Florida Community Bank Fort Lee Federal Savings Bank, FSB Founders Bank Franklin Bank Freedom Bank Freedom Bank of Georgia Frontier Bank Gateway Bank George Washington Savings Bank Georgian Bank Global Commerce Bank Granite Community Bank, N.A. Greater Atlantic Bank Guaranty Bank Gulf State Community Bank Habersham Bank Haven Trust Bank Haven Trust Bank (Florida) Heritage Banking Group Heritage Community Bank High Desert State Bank High Trust Bank Hillcrest Bank (Florida) Hillcrest Bank (Kansas) Home National Bank Home Valley Bank Horizon Bank Horizon Bank (FL) Horizon Bank (WA) Imperial Capital Bank Imperial Savings and Loan Association Independent Bankers’ Bank IndyMac Master Purchase Agreement (March 18, 2009) IndyMac (July 11, 2008) IndyMac Loan Sale Agreement between FDIC and OneWest Bank Innovative Bank Integra Bank National Association Integrity Bank Irwin Union Bank, FSB Irwin Union Bank and Trust Company ISN Bank Jennings State Bank K Bank Key West Bank La Jolla Bank, FSB LandMark Bank of Florida Legacy Bank Liberty Bank LibertyPointe Bank Lincoln Park Savings Bank Los Padres Bank Lydian Private Bank Madisonville State Bank Mainstreet Savings Bank, Hastings, MI Main Street Bank Northville, MI Mainsteet Bank (MN) Marco Community Bank Maritime Savings Bank Marshall Bank McIntosh Commercial Bank McIntosh State Bank Meridian Bank Metro Bank of Dade County MetroPacific Bank Mid City Bank Midwest Bank and Trust Company Millennium State Bank Mirae Bank Mountain Heritage Bank Mutual Bank National Bank of Commerce Neighborhood Community Bank Nevada Commerce Bank Nevada Security Bank New Century Bank New Horizons Bank New Liberty Bank New South Federal Savings Bank Nexity Bank North County Bank North Houston Bank Northwest Bank and Trust Ocala National Bank Old Harbor Bank Old Southern Bank Olde Cypress Community Bank Omni National Bank Pay Agent Agreement One Georgia Bank Orion Bank Pacific Coast National Bank Pacific National Bank Pacific State Bank Palos Bank and Trust Company Park National Bank Partners Bank Patriot Bank of Georgia Patriot Bank of Minnesota Peidmont Community Bank Peninsula Bank Peoples Community Bank Peoples First Community Bank Peotone Bank and Trust Company PFF Bank and Trust Pierce Commercial Bank Pinehurst Bank Pinnacle Bank of Oregon Polk County Bank Premier American Bank Premier Bank Premier Bank, IL Premier Comunity Bank of the Emeral Coast Progress Bank of Florida Prosperan Bank Public Savings Bank R-G Premier Bank of Puerto Rico Rainier Pacific Bank Ravenswood Bank Republic Federal Bank Riverside Bank of the Gulf Coast Riverside National Bank Riverview Community Bank Rock River Bank Rosemount National Bank Sanderson Bank San Diego National Bank San Joaquin Bank San Luis Trust Bank Satilla Community Bank SCB Bank Security Bank of Jones, Houston, Bibb, North Metro, North Fulton, and Gwinnett Counties Security Pacific Bank Security Savings Bank Security Savings Bank F.S.B. Sherman County Bank ShoreBank Shoreline Bank Signature Bank Silver Falls Bank Silver State Bank Solutions Bank Sonoma Valley Bank Southern Colorado National Bank Southern Community Bank Southshore Community Bank Southwest Community Bank SouthwestUSA Bank St. Stephen State Bank State bank of Aurora Statewide Bank Sterling Bank Suburban Federal Savings Bank Summit Bank (AZ) Summit Bank (WA) Sun American Bank Sun Security Bank Sun West Bank SunFirst Bank Superior Bank Tamalpais Bank TeamBank Temecula Valley Tennessee Commerce Bank The Columbian Bank and Trust Company The Community Bank The Cowlitz Bank The First National Bank of Barnesville The First State Bank (Stockbridge, GA) The Gordon Bank The John Warner Bank The La Coste National Bank The Park Avenue Bank (NY) The Park Avenue Bank (GA) The Peoples Bank The RiverBank The Tattnall Bank Thunder Bank TierOne Bank Tifton Banking Company Town Community Bank & Trust Towne Bank of Arizona Turnberry Bank Union Bank United Commercial Bank United Security Bank Unity National Bank USA Bank Valley Capital Bank Valley Community Bank Vantus Bank Venture Bank Virginia Business Bank Vineyard Bank Wakulla Bank WaMu Warren Bank Washington First International Bank Bank Waterfield Bank WaterFord Village Bank WestBridge Bank & Trust Company Western Commercial Bank Western National Bank Western Springs National Bank and Trust Westernbank Puerto Rico Westsound Bank Wheatland Bank Williamsburg First National Bank Woodlands Bank

Other Relevant Documents:

Glover v. Washington Mutual – Opinion and Order — 2009 WL 798832 (W.D. Pa. March 20, 2009) Glover v. Washington Mutual – Brief in Opposition to FDIC’s Request for a Second Stay Glover v. Washington Mutual – Objections to Magistrate’s Opinion and Order Glover v. Washington Mutual – Opposition to Objections FDIC letter re Class Claims FDCPA Initial Contact Letter (Freddie Mac) Material Loss Review – OIG Audit Reports:

1st Centennial Affinity Bank Alliance Bank Alpha Bank American Southern Bank American UnitedBank American West Bank Bank of Lincolnwood Bank of Wyoming Benchmark Bank Cape Fear Bank Citizens State Bank Colonial Bank Columbia River Bank Columbian Bank and Trust Community Bank & Trust Cooperative Bank Corn Belt Bank and Trust Company EvergreenBank FirstBank Financial Services First Bank of Beverly Hills First City Bank First Coweta Bank Material First Dupage Bank First National Bank First Piedmont Bank First Priority Bank First Regional Bank First State Bank (Sarasota, Florida) First State Bank (Flagstaff, Arizona) Florida Community Bank Founders Bank Franklin Bank Freedom Bank of Florida Freedom Bank of Georgia Georgian Bank Great Basin Bank Haven Trust Bank Heritage Community Bank Hillcrest Bank of Florida Horizon Bank Imperial Capital Bank InkBank Integrity Bank MagnetBank Main Street Bank Mainstreet Bank MetroPacific Bank Millennium State Bank of Texas Mirae Bank Mutual Bank New Frontier Bank North Houston Bank and Madisonville State Bank Prosperan Bank RockBridge Commercial Bank Security Pacific Bank Security Savings Bank Sherman County Bank Silver Falls Bank Silver State Bank Southern Community Bank Strategic Capital Bank Temecula Valley Bank The Bank of Clark County The Buckhead Community Bank The Community Bank The Six Bank Subsidiaries of Security Bank Corporation United Commercial Bank United Security Bank Venture Bank WaMu – Evaluation of Federal Regulatory Oversight Westsound Bank

FDIC Claims Procedures Manual

Claims Manual Vol. I Claims Manual Vol. II

The Institute for Foreclosure Legal Assistance

Bank of Choice

Lender Bankruptcy

Chapter 11 Documents

Petition. The filing of the brief petition for chapter 11 relief document formally starts the bankruptcy case. It creates the bankruptcy estate consisting of a broad range of the debtor’s interests in property. The petition filing also triggers the automatic bankruptcy stay. 11 U.S.C. § 362. Subject to very limited exceptions, the automatic stay bars the commencement and continuation of legal proceedings against the debtor. Creditors may continue with legal proceedings against the debtor only with permission from the bankruptcy court obtained through a formal motion for relief from the stay. 11 U.S.C. § 362(d). The automatic stay does not apply to non filing co-defendants, including prior and subsequent assignees of a loan obligation.

Chapter 11 Plan. The chapter 11 debtor has 120 days from the date of the commencement of the case within which it has an exclusive right to submit a plan of reorganization for court approval. 11 U.S.C. § 1121. The Code sets certain required contents for a chapter 11 plan. 11 U.S.C. § 1123. The creditor may seek extensions of this time for submitting a plan, and these requests are often approved. If the exclusivity period passes without the debtor’s having filed a plan, creditors may submit their own plans. By order the court sets deadlines for creditors to accept or reject a debtor’s proposed plan. 11 U.S.C. § 1126, F. R. Bank. P. 3018(a). Creditors may vote to approve the plan or they may file objections. After a hearing the court decides whether to confirm a particular plan. 11 U.S.C. §§1128, 1129.

Order for Claim Bar Date. In chapter 11 cases the court sets the deadline by which creditors must file a proof of claim. F.R. Bankr. P. 3003( c )(3). The court may extend this time by further order. The concept of a claim is broad and does not require that the creditor have a judgment against the debtor or have commenced litigation over the claim. A creditor files a claim using Official Bankruptcy Form 10. The form is generally available through local bankruptcy court websites. If the creditor is entitled to any priority status, this can be indicated on the form. Borrower creditors may have the status of secured creditors based on setoff rights. The claim will be allowed unless an objection to it is filed and sustained. The claim allows the creditor to share in any distributions from the bankruptcy estate and entitles to creditor to notice of certain proceedings as the case moves on.

Order Confirming Chapter 11 Plan. The requirements for obtaining a court order confirming a plan are set forth in 11 U.S.C. § 1129. If the plan meets the minimal requirements of the Code, the court may confirm it with the consent of creditors under § 1129(a) or without the consent of creditors under § 1129(b). The plan establishes a broad revision of the debtor’s contractual obligations that is binding on all creditors. The plan may provide for the sale of assets of the debtor. 11 U.S.C. § 1123(b)(4).

Order for Transfer of Assets. In addition to sales authorized under the chapter 11 plan, the court may approve the sale of assets of the debtor’s estate before a plan is confirmed. 1 U.S.C. § 363(b),(f). A debtor may propose to sell assets free and clear of claims against the debtor under certain circumstances. However, 2005 amendments to the Code preserve many consumer defenses from attempts to sell assets free and clear of these claims. 11 U.S.C. § 363(o).

Bankruptcy Mortgage Project Local rules, forms, general orders, and court opinions addressing a variety of mortgage issues in consumer bankruptcy cases.

The list of bankrupt lenders and pertinent documents:

Accredited Home Lender

Motion for an order establishing claim bar date

Order for Claim Bar Date Petition

Aegis Mortgage Corporation

Claim bar date order

Petition

Plan

Transfer of asset order

American Home Mortgage Holding

Claim bar date order

Petition

Plan

Transfer of asset order

BNC Mortgage LLC

Voluntary Petition

Delta Financial Corporation

Claim bar date order

Petition

Plan

Transfer of assets order

Sale of asset order

Fieldstone Mortgage Corp

Petition

Confirmation Plan Order

Plan

First Magnus Financial

Claim bar date order

Petition

Plan

Second Amended Plan Confirmation Plan Order

Transfer of asset order

First NLC Financial Services

Claim bar date order

Petition

Fremont General

Claim bar date order

Petition

HomeBanc Funding Corporation

Disclosure Statement

Motion – bar date order

Claim bar date order

Petition

Plan

Motion – transfer asset order

Transfer of assets order

HomeBanc Funding Corporation II Petition

HomeBanc Mortgage Partners, LLC Petition

HomeBanc Corp. Petition

HomeBank Mortgage Acceptance Corp. Petition

MILA Inc.

Motion – claim bar date order

Bar date order

Petition

Mortgage Lender Network USA

Claim bar date order Petition

Plan

Transfer of assets order

Mortgage Ltd.

Claim bar date order

Petition

New Century Financial Corp.

Claim bar date order

Petition and New Century TRS Holdings Petition

Plan

Confirmation of plan

Transfer of assets order

New Century Mortgage Corporation

Petition

Oak Street Financial

Petition

Old Canal

Petition

OWNIT Mortgage Corp.

Claim bar date order

Plan

Plan Confirmation Order

Petition

Transfer of assets order

People’s Choice Home Loan

Motion – claim bar date

Claim bar date order Plan

Confirmation of Plan

Petition (People’s Choice Funding Corp.)

Petition (People’s Choice Financial Corp.)

Transfer of assets order

Quality Home Loans

Claim bar date order

Plan

Petition

Transfer of assets order

ResMae Mortgage Corp.

Claim bar date order

Plan

Confirmation of plan

Petition

Transfer of assets order

Southstar Funding

Petition

Sale of assets order

WAMU

Claim bar date order

Washington Mutual, Inc. Petition

Transfer of assets order

WMI Investment Corp. Petition

The Institute for Foreclosure Legal Assistance Mortgage Servicing

Letters

Coalition Letter to Treasury Secretary Yellen Urging Improvement to Staffing, Transparency & Data Collection for the Homeowner Assistance Fund, September 17, 2021 Joint Letter to CFPB Proposing a Framework for Streamlined Modifications, March 12, 2021. Exhibit A. Exhibit B. Coalition letter to FTC and CFPB Urging Action on Eviction and Foreclosure Moratorium, March 3, 2021 Civil Rights, Consumer and Industry Coalition Letter to Congressional Leadership Supporting Inclusion of Homeowner Relief in the Covid-19 Stimulus Relief Package, February 8, 2021 Group Letter to President-Elect Biden Asking for Expansion of Homeowner Relief in Covid Stimulus Package, January 16, 2021

Policy Analysis

General Mortgage Servicing Policy Analysis HAMP Policy Analysis

https://www.youtube.com/v/e5ZeRf_WPXY

Dan Rather Reports Features NCLC Counsel, Diane Thompson

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Diane Thompson’s Congressional testimony

Recent Trial Court Decisions on HAMP Enforceability as Foreclosure Defense

U.S. Bank Natl. Ass’n v. Mathon, (2010 N.Y. Slip Op. 52082(U) Supreme Court Suffolk County (New York) December 1, 2010) BAC Home Loans Servicing v. Bogar, (No. 19-1-09 Oscv Orleans County (Vermont) Superior Court October 6, 2010) BAC Home Loans Servicing (f.k.a. Countrywide Home Loans Servicing) v. Bates (Ohio C.P. Butler County Mar. 8, 2010) Deutsche Bank National Trust v. Hass (Macomb County Michigan Circuit Court Sept. 30, 2009) Reyes v. Saxon Mortgage Services, Inc. (S.D. Cal. Nov. 5, 2009) Wells Fargo v. Small (N.Y. Feb. 16, 2010) Faulkner v. Onewest Bank, FSB (N.D.W.Va. Order June 16, 2010) Citimortgage, Inc v. Moores (Iowa District Court of Linn County, Ruling August 4, 2010) Marques v. Wells Fargo Home Mortgage, Inc. (S.D. Cal. Order August 12, 2010) In re: Bank of America Home Affordable Modification Program (HAMP) Contract Litigation (U.S. Multidistrict Litigation Transfer Order October 8, 2010) Garcia v. OCWEN Loan Servicing, LLC, (N.D. Cal., Order May 10, 2010) Khast v. Washington Mutual Bank, et al., (S.D. Cal. Order October 26, 2010) (loan modification enforcement, not specifically addressing HAMP) Wells Fargo Bank, N.A. v. Meyers, (No. 34632 New York Law Journal, Decision and Order November 10, 2010) BAC Home Loans Servicing v. Westervelt, 2010 NY Slip Op 51992 (N.Y Supreme Court, Dutchess County November 18, 2010) Durmic v. J.P. Morgan , NA, (D. Mass. Memorandum and Order November 24, 2010)

HOPE For Homeowners (Refinance Program)

HOPE For Homeowners Origination Guidelines

HOPE For Homeowners Servicing Guidelines

HOPE For Homeowners Servicing Guidelines Supplement

HOPE For Homeowners Refinance Transactions

HOPE For Homeowners Refinance Transactions Attachment

HOPE Now Program

Hope NOW Servicing Guidelines

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