A common theme throughout Plaintiff's SAC 's the damages and you can wounds out of judge expenses, psychological distress, and you will negative credit scoring
(c) In the event that a borrower submits a whole software getting a first lien loan mod given by, otherwise by way of, the fresh borrower's mortgage servicer, a home loan servicer, mortgagee, trustee, beneficiary, otherwise signed up representative shall maybe not record a notice regarding standard or see of profit, otherwise carry out an excellent trustee's product sales, while the complete earliest lien mortgage loan modification application is pending. A home loan servicer, mortgagee, trustee, beneficiary, otherwise subscribed broker should maybe not listing a notice regarding standard otherwise observe away from deals or run a beneficial trustee's product sales up until any one of another happens:
(1) The loan servicer makes a created dedication the debtor is perhaps not qualified to receive a primary lien loan modification, and you may any desire period pursuant so you can subdivision (d) possess ended.
(d) When your borrower's software to own a primary lien mortgage loan modification was denied, the latest borrower will enjoys at the least 1 month in the big date of your own created assertion to help you appeal the latest assertion also to give facts your home loan servicer's devotion was in mistake.
(e) If for example the borrower's software to own a first lien loan modification are refuted, the loan servicer, mortgagee, trustee, recipient, or registered broker will maybe not list a notice of default otherwise, in the event that a notification away from standard has already been submitted, checklist a notification away from product sales otherwise carry out an excellent trustee's business up to this new afterwards regarding: