1010 North Central Avenue, Glendale, CA 91202
Tel. No. 1‐888‐777‐9489 Fax No. 1‐(888) 755‐1416
INTAKE CHECKLIST/FAX COVER
Manager's Name Date:
Coordinator's Name
Sponsor's Name
Client's Name:
Subject Property:
Required Documents:
Initial Documents
1. Client Registration Form w/ Signature on 2nd page DONE
2. Class Action Lawyer Retainer Agreement ‐ Signed DONE
3. TBFC Donation Agreement DONE
4. NOAH Membership Agreement DONE
5. Copy of Closing Documents of Mortgage (1st and 2nd Lien Scanned or faxed) DONE
6. Donation Cashier's Check Set‐up of Service DONE
7. Copy of all statement, communications, and notices from the Servicing Company DONE
8. A chronological story line of the borrower with the lender and their representative. DONE
9. Authorization For Release Of Financial Records And Information DONE
10. TBFC Initial Intake Questionnaire DONE
11. Qualified Written Request To Be Sent To Your Lender DONE
12. Financial Worksheet DONE
13. TBFC Disclaimer on the Use of Legal Templates DONE
14. Postdated Checks Covering The Monthly Future Payments DONE
Additional Information:
___________________________
Intake Center/Date
Twin Builders Foundation Corp
NOAH-CENTRAL
1010 North Central Avenue, Glendale, CA 91202
Tel: 1-888-777-9489 Fax: 1-(888) 755-1416
Borrower Information
First Name: Last Name: SSN: (Last 4 Digits)
Co-Borrower Information
First Name: Last Name: SSN: (Last 4 Digits)
Subject Property Address: E-Mail Address
City: State: Zip:
Mailing Address:
City: State: Zip:
Hm Phone: Wk Phone: Cell Phone:
p y Value:
Property
Occupancy: Property Type:
O/O 2nd Hm N/O/O SFR Condo Twn hm(PUD) Multi:___Unit
Additional Notes:
Borrower's Employment Information
Employer Name:
Employer Address:
City State ZIP Code
Employer Telephone Number ( )
Gross
Job Title How Long? Income:
Employer Name:
Employer Address:
City State ZIP Code
Employer Telephone Number ( )
Gross
Job Title How Long? Income:
1. Latest Mortgage Statement and Closing Docs on all mortgages (1st and 2nd)
Which type of payment will you use to pay for this service (Check One)
Money Order Cashier's Check
I / We declare under the penalty of perjury under the laws of the State of ___________
that the foregoing information is true and correct.
1. CONDITIONS
a. A Class Action Lawsuit that you are requesting to participate in is currently being created against
Mortgage Electronic Registration Systems, Inc. and Other Lenders. It is possible that the new
lawsuits ultimately will be consolidated with other similar cases and it is possible that there will end up
being several similar lawsuits, including, among others, the lawsuit in which you are named as a
plaintiff.
b. To simplify this Agreement, the new lawsuit in which you will be a plaintiff, any other similar or related
lawsuits we previously commenced or may hereafter commence, and any consolidation of any of these
lawsuits is collectively referred to in this Agreement as “Lawsuit”.
c. This lawsuit will be filed in State Court and Client acknowledges and agrees that Client may
seek damages of more than $50,000 in the lawsuit, to the extent that Client has a basis to do so.
Without limiting anything in this Agreement, regardless of the amount of damages sought by
Client, Attorney does not guarantee and could not guarantee that Client will receive the amount
of damages, or any damages. Attorney and Client may lose the case in which event Client likely
would receive nothing. Attorney does not guarantee the Lawsuit will not be transferred to
another court.
d. This Agreement will not take effect, and Attorney will have no obligation to provide legal Services (as
defined in Paragraph 2, below,) until Attorney decides to add Client as a plaintiff in the new Lawsuit
AND Client returns a signed copy of this Agreement to Attorney, whether in person, by fax (entire
Agreement, including signature page) to 1-888-503-2119 or by scanning the entire Agreement,
including signature page into a PDF and email it to lawsuit@homeownersclassaction.com. Attorney
shall have sole discretion whether or not to add Client as a plaintiff in Court.
e. Client understands and agrees that Client is and will be part of a group of persons (and potential
plaintiffs in the Lawsuit) with similar, but perhaps not identical claims to Client. This situation is
discussed further below in this Agreement. As a result of there being a group of persons, we may
request Client to enter into a certain “riders”, “amendments” or “addendums” to this Agreement as the
matters proceed and in order to protect all persons who become plaintiffs in the Lawsuit. Client agrees
in good faith to consider these “riders,” “amendments” and “addendums”. If Client declines to sign any
such riders, amendments or addendums, Attorney may not be able to include Client in the Lawsuit.
2. SCOPE OF SERVICES.
a. Client is hiring Attorney to represent Client in the matter of Client’s claims against Mortgage
Electronic Registrations Systems Inc. and possibly related companies and individuals. All such
companies and individuals are collectively referred to in this Agreement as “Lenders”.
b. The scope of the matters to which Attorney’s services pertain is meant to be read in the broadest
possible sense and would include any matters relating to any subsidiary, successor or affiliate of
Lenders; thus, Client would be permitted hereunder to access our services in any such matter to be
read in the most expansive definition of what is or is not related to Lenders so long as it pertains to this
matter, this broad range of services shall be referred to hereinafter as “Services”. If a court action is
filed, Attorney will represent Client until a settlement or judgment, by way of arbitration or trial, is
reached. Attorney will oppose any motion for a new trial or any other post-trial motions filed by an
opposing party, or will make any appropriate post-trial motions on Client’s behalf.
c. Notwithstanding anything to the contrary in this Agreement: (i) the Services do not include assistance
with respect to seeking injunctive or other immediate relief with respect to a foreclosure or eviction,
provided that (ii) if Attorney agrees to assist in the foregoing, Attorney will be entitled to seek an award
of attorney fees from the Lenders for doing so and such fees will be in addition to any compensation
provided below in this Agreement for the Services.
d. After judgment, Attorney will not represent Client on any appeal, or in any proceeding to execute on the
judgment, unless Client and Attorney agree that Attorney will provide such Services and also agree
upon additional fees, if any, to be paid to Attorney for such Services. Services in any matter not
described above will require a separate written agreement.
a. Attorney will provide those legal Services reasonably required to represent Client in prosecuting the
claims described in Paragraph 2 and will take reasonable steps to keep Client informed of progress
and developments. Because there are many plaintiffs. However, when issues specific to your case
arise, Attorney will communicate directly with you. Client agrees to be truthful with Attorney, to
cooperate, to keep Attorney informed of any information and developments which may come to Client’s
attention, and to keep Attorney advised of Client’s address, telephone number and whereabouts.
Client agrees to appear at all legal proceedings when Attorney deems it necessary, and generally to
cooperate fully with Attorney in all matters related to the preparation and presentation of Client’s
claims.
b. Notwithstanding the foregoing, to a great degree, our relationship with Client as Client’s attorney is
governed by both this Agreement and the California Rules of Professional Conduct. The entire text of
the Rules of Professional Conduct can be found at http://calbar.ca.gov/calbar/pdfs/rules/Rules
Professional-Conduct.pdf
c. Of particular importance is Section 3-310 of the California Rules of Professional Conduct, quoted
below; we have informed you that we may undertake representation of numerous Clients similarly
situated. These clients may all have a unique fact pattern: They may have had their private information
stolen; they may have had their identities stolen; they may have fallen victim to unfair business
practices by the Lenders; or they may have had each of the foregoing circumstances – or any one of
them – happen. Under Section 3-310, it is theoretically and in fact possible that our representation of
each of the Clients may result in a conflict of interest which must be disclosed and waived by each of
the Clients. The conflict of interests could be many, but the primary one revolves around the possibility
that we may not – in our prosecution of your legal rights – obtain enough money or consideration to
make each of the Clients feel as if they were made whole. In this regard, Section 3-310 provides,
among other things.
(B) A member shall not concurrently represent clients whose interests conflict, except with their
informed written consent.
(C) A member who represents two or more clients shall not enter into an aggregate settlement of the
claims of or against the clients, except with their informed written consent.
(F) As used in this rule “informed” means full disclosure to the client of the circumstances and advice
to the client of any actual or reasonably foreseeable adverse effects of those circumstances upon
the representation.
d. By signing this Agreement, you understand that we may have closer relationships with certain clients
than with other clients, that each Client we represent has been damaged in differing ways and in
varying amounts, that not every Client will be satisfied with any settlement or result we achieve, that we
must apportion any result so as to do substantial justice for all of the Clients, and that this involves
judgment on our part. We will exercise our judgment fairly and in good faith.
e. Notwithstanding these facts, you understand and acknowledge (i) that we have fully explained to you
the process of apportioning settlements or results against the Lenders, (ii) you submit to any process
that is fair and lawful, (iii) you understand the process may result in our representing conflicting
interests and (iv) you now, and forever, hereby consent to our representing these conflicting interests
among the Clients and you waive – from now until forever – any rights under Section 3-310 and any
similar law in any jurisdiction in the United States.
4. LEGAL FEES.
a. Attorney will only be compensated for legal Services rendered if a recovery is obtained for Client. Client
will not pay Attorney any funds at all for Attorney representation of Client in the matters, and Client shall not
be responsible for paying Attorney any money to reimburse Attorney for costs incurred in such litigation.
The following sets for the fee payable by Client to attorney, which is customarily referred to as a
“contingency fee”.
(1) Attorney shall receive a sum equal to forty percent (40%) of the “gross recovery” pertaining to
Client.
(2) For purposes of this Agreement, the term “gross recover” means the greater of the following
sums: (i) any recovery, judgment or order to pay money to you or any party affiliated with you or
acting on your behalf, that is ordered by a court of competent jurisdiction in the litigation or in
connection with the Services, including, but not limited to, compensatory damages, punitive
damages, treble damages, restitution, all other damages and forms of judicially ordered
remuneration, interest, assessments, sanctions and any other monies ordered by such a court in
connection with the litigation, and (ii) any money or consideration actually received by you
appertaining in any manner to the matters and/or the Services and/or the litigation, whether that
sum is received by reason of negotiated settlement, mediation, arbitration, jury award, judge award
or otherwise.
b. To the extent Attorney prevails in the Lawsuit on Client’s behalf, Client agrees that Attorney may apply to
the Court for an order that the defendants in the Lawsuit shall pay the Client’s legal fees. There can be no
assurance such an order will be issued, or that the full amount of Client’s fees will be paid by the
defendants. In any event, if the court orders the defendants to pay all or any portion of Client’s Attorney
fees, Attorney is directed to apply any such award of attorney’s fees in an ethical manner to reduce Client’s
obligations hereunder by the amount of the award. In the alternative, in the Attorney’s discretion, Attorney
may replace in whole the contingency fee due hereunder by accepting the attorney fees paid by the
defendants.
c. The payment of fees under this Paragraph 4 is irrevocable and shall be paid irrespective of any other facts
whatsoever, including, without limitation, the amount of work requested by Client and the amount of work
performed by Attorney as a result thereof. All proceeds of Client’s case are non-refundable and non-
creditable, fully earned upon receipt by Attorney. Attorney will pay to Client the share payable to Client
after first deducting Attorney’s fees and costs from all gross recoveries.
5. NEGOTIABILITY OF FEES.
The fees set forth above not set by law, but are negotiable between an Attorney and Client. The foregoing
“contingency” related fees have been arrived at through careful negotiations that included consideration of factors
well beyond the amount of time spent and to be spent hereunder, including, without limitation, the novelty and
complexity of numerous issues in the matters at hand, the amount of fees, costs and expenses Attorney is
anticipated to be actually incurring in connection with any litigation, our familiarity with certain specific areas of law
on a variety of issues and topics, the addition of lawyers to work with Attorney who will be compensated by Attorney
out of the contingency fee, or otherwise, at no cost to Client, the preclusion of other engagements and opportunities
caused by our acceptance of this engagement and Agreement, the magnitude of the Services as Client has
described it, Client’s strong desire to have us personally perform the Services hereunder, and other considerations.
a. In connection with any litigation, there will be significant costs that will be incurred by Attorney hereunder.
These costs may include the following: Travel expenses, facsimile charges (at 10 cents per page), filing
fees, service or investigative fees, expert fees, jury fees, court fees, record securement, deposition fees,
trial costs, parking, postage, photocopying expenses (at 25 cents per page), phone charges and other
standard costs. While Client is not responsible to pay Attorney for these costs, or for any costs. Client
agrees that we are entitled to deduct and take a full reimbursement for all such costs in the event of an
_____________ (Client Initial Here)
award as first money out. In certain circumstances connected to an award, we will be entitled to obtain a
separate order of repayment from the defendants or adversaries in the litigation to reimburse some or all of
the costs. We agree to use our best efforts to do so.
b. Although we may deduct the fees and costs paid to paralegals and clerks who assist us in this case, we will
absorb out of our fees and share our fees with other lawyers who affiliate in with us or otherwise participate
with us to represent you. Such lawyers are considered to be within the definition of Attorney for purposes
of this Agreement. However, unless the signatories to this Agreement advise you otherwise, your principal
relationship will be with the undersigned and the undersigned will be responsible, on your behalf, for
coordination with any other lawyers we bring into the matters to work with us.
7. NO BILLING STATEMENTS.
Attorney will not send Client statements regarding the services rendered hereunder.
Attorney will not make any settlement or compromise of any nature of any of Client’s claims without Client’s prior
approval. Client retains the absolute right to accept or reject any settlement. Client agrees to consider seriously
any settlement offer Attorney recommends before making a decision to accept or reject such offer. Client agrees
not to make any settlement or compromise of any nature of any of Client’s claims without prior notice to Attorney.
9. LIMITATION OF REPRESENTATION
Attorney is representing Client only on the matter described in Paragraph 2. Attorney’s representation does not
include independent or related matters that may arise, including, among other things, claims for property damage,
workers’ compensation, disputes with a health care provider about the amount owed for their Services, or claims for
reimbursement (subrogation) by any insurance company for benefits paid under an insurance policy. This
Agreement also does not include defending Client against, or representing Client in any claims that may be
asserted against Client as a cross-claim or counter-claim in Client’s case. This Agreement does not apply to any
other legal matters. If any such matters arise later, Attorney and Client will either negotiate a separate agreement if
Client and Attorney agree that Attorney will perform such additional legal work or Client will engage separate
counsel with respect to the cross-claim or counter-claim or additional legal work. Some lawyers working on this
case do not carry professional indemnity insurance.
a. Client may discharge Attorney at any time, upon written notice to Attorney. Attorney may withdraw from
representation of Client (i) with Client’s consent, (ii) upon court approval, or (iii) if no court action has been
filed, for good cause and upon reasonable notice to Client. Good cause includes Client’s breach of this
contract, Client’s refusal to cooperate with Attorney or to follow Attorney’s advice on a material matter, or
any other fact or circumstance that would render Attorney’s continuing representation unlawful or unethical.
Notwithstanding Attorney’s withdrawal or Client’s notice of discharge, and without regard to the reasons for
the withdrawal or discharge, Client will pay Attorney for all costs incurred prior to the termination and, in the
event that there is any gross recovery obtained by Client after conclusion of Attorney’s Services, Client
remains obligated to pay Attorney for the reasonable value of all Services rendered from the effective date
of this Agreement to the date of discharge.
b. If Attorney is discharged or resigns, the fee to which Attorney is entitled shall be not less than one-half of
the contingency fee described above in Paragraph 4, nor more than the foregoing percentage fees and will
be determined by considering the period until the discharge and the materiality of the contribution of
Attorney to the gross recovery obtained by Client. In the event the gross recovery has been sustainably
arrived at prior to the discharge, or is equal to or less than a settlement rejected by Client, Attorney will
receive the full contingency fee described above.
When Attorney’s Services conclude, all unpaid charges will immediately become due and payable. After Attorney’s
Services conclude, upon request, Client’s file and property will be delivered to Client, or Client’s other attorney,
whether or not Client has paid any fees and/or costs owed to Attorney.
12. LIEN.
Client hereby grants Attorney a lien on any and all claims or causes of action that are the subject of Attorney’s
representation under this Agreement. Attorney’s lien will be for any sums owing to Attorney for any unpaid costs, or
attorneys’ fees, at the conclusion of Attorneys Services. The lien will attach to any gross recovery, whether
obtained by arbitration award, judgment, settlement or otherwise. The effect of such a lien is that Attorney may be
able to compel payment of fees and costs from any such funds recovered on behalf of Client even if Attorney has
been discharged before the end of the case. Because a lien may affect Client’s property rights, Client may seek the
advice of an independent lawyer of Client’s own choice before agreeing to such a lien. By initialing this paragraph,
Client represents and agrees that Client has had a reasonable opportunity to consult such an independent lawyer
and whether or not Client has chosen to consult such an independent lawyer. Client agrees that Attorney will have
a lien as specified above. Attorney shall further have the right to receive and negotiate any check, draft or cashier’s
check constituting the proceeds of any payment, settlement sum, or judgment amount may retain therefrom any
and all fees and expenses due to Attorney hereunder. Attorney will deposit such sums in Attorney’s trust account
and thereafter will pay to Client the amounts payable to Client hereunder. This Agreement shall act as a power of
attorney to negotiate any draft, receive any wire transfer, check, cashier’s check or other negotiable instrument
offered as payment to Client. All payments are due in the manner set forth herein and Client agrees to pay
prejudgment interest at the legal rate in the event that we are compelled to take action to collect any unpaid sums.
a. Nothing in this Agreement and nothing in Attorney’s statements to Client will be construed as a promise or
guarantee about the outcome of this matter. Attorney makes no such promise or guarantees. There can
be no assurance that Client will recover any sum in this matter, or obtain any other relief. Attorney’s
comments about the outcome of this matter are expressions of opinion only. Client acknowledges that
Attorney has made no promise or guarantees about the outcome. Rather, Client agrees that any statement
Attorney has made in the past or do make in the future constitutes a good faith expression of opinion, is
tentative, and is not promissory.
b. Attorney opinions are guarantees and are subject to revision as matters within the area of our Services may
develop or change, or more facts may become known or available.
c. In addition to the Client’s waiver of conflicts of interests as set forth above, (i) each Client’s case is different,
(ii) thus, certain Clients who become plaintiffs may be successful in the prosecution of the Lawsuit and
others will not. That is one of the reasons it is very important that Client be completely forthright with us, or
we will have the right to withdraw from representing Client for “good cause” in that if Client is not forthright it
wastes our time, subjects us to attack in court and could hurt the other persons in the group.
d. The areas in this case are new law, changing law and thus it is impossible for lawyers to predict the future
pathway for Client and indeed new law is coming down virtually monthly. Client may wish to become a
plaintiff in the Lawsuit. However, Attorney has the right to decline to proceed. If Attorney does name Client
as a plaintiff, in the Lawsuit Client recognizes and understands that Client may nonetheless lose Client’s
claims in the Lawsuit, even if other plaintiffs prevail.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained
herein and supersedes all prior and contemporaneous agreements, representations and understandings – whether
oral, written or both – of the parties with respect to the subject matter hereof. There have been no prior or
contemporaneous agreements, representations and understandings between the parties and the only agreement
that formed the topic of negotiations and discussions is contained herein. No other agreement, statement or
compromise made on or before the effective date of this Agreement will be binding on the parties.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of
that provision and of the entire Agreement will be severable and remain in effect. To the extent any person
attempts to, or does in fact, strike any portion of this Agreement, nothing thereby shall preclude a court of
competent jurisdiction from rendering an award of legal fees to Attorney based upon doctrines of law such as
quantum meruit.
This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by
both of them or an oral agreement only to the extent that the parties carry it out. Accordingly, this Agreement may
not be so modified by a writing that is unsigned by one or both of the parties hereto and it may not be modified by
any oral amendment, oral agreement or other oral modification. In fact, any oral amendment or written modification
that remains unsigned by both parties is invalid in that parties intent that there is no consideration for any future
promises that are not contained in writing and the parties specifically wish that this be the case.
This Agreement will govern all legal Services performed by Attorney on behalf of Client commencing with the date
Attorney first performed Services. The date at the beginning of the Agreement is for reference only. Even if this
Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any Services
Attorney may have performed for Client.
This Agreement, governing a relationship with a California-licensed lawyer, is governed by California law.
19. APPROVALS.
All parties hereto acknowledge, recite, stipulate and agree that they have received all approvals necessary under
fact or law for them to execute this Agreement and enter into this attorney-client relationship.
This Agreement is a binding legal document with significant consequences. All parties hereto stipulate
and recite that they have been advised by separate counsel with regard to the advisability of entering into
this Agreement.
IF MORE THAN ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR
ALL OBLIGATIONS UNDER THIS AGREEMENT. THE CLIENT SHALL RECEIVE A FULLY EXECUTED
DUPLICATE OF THIS AGREEMENT.
Sincerely,
By:
(sign name)
Print Name:
(sign name)
Print Name:
Client’s Address:
Client’s Facsimile:
Client’s Telephone:
Client’s Mobile:
Client’s E-mail:
_____________ (Client Initial Here)
Tw
wins Buiilders Fo
oundatio
on Corp
poration
1010 North Central Avenue,
A Glendale, CA 91202
http://ww
ww.builder4u
u.org
DONATIO
ON AGREEM
MENT
1. PU
URPOSES FOR
F WHICH
H THE SER
RVICE OF TWINS
T BUIILDERS FO
OUNDATION
N
COR RP. IS ENGA
AGED
2. TE
ERMS AND AMOUNTS S OF FEES
NOA AH MEMBE ER agrees too donate to SERVICE for the abovvementionedd tasks to be
b
rendeered as follow
ws:
Noah Member ___
______________ TBFC _____________
Tw
wins Buiilders Fo
oundatio
on Corp
poration
1010 North Central Avenue,
A Glendale, CA 91202
http://ww
ww.builder4u
u.org
(b) NOA AH MEMBE ER will issuue to SERV VICE as a Sustaining Fee for thhe
aboveementioned tasks, Five Thousand Dollars
D ($5,0000.00) thereafter whichh is made thhe
form of Five (5)) postdated checks
c payaable to, datedd every 1st of the succeeeding montth
amouunting to On
ne Thousand Dollars ($1,000.00). This
T should be b issued upon signing of o
this Donation
D Ag
greement.
4. FE
EE INCREASES
The above
a fees for
fo the researrch of Chainn of Title preeparation aree subject to increase
i as of
o
st
Januaary 1 of each year. NOAH N ME EMBER willl be notifiedd of any suuch proposeed
increase no laterr than thirty days prior to increase and, if no objection is made to thhe
increase, NOAH MEMBER will w be deem med to have agreed
a to thee increase.
5. CL
LIENT’S RE ESPONSIBIL LITY TO PA AY FEES
NOA AH MEMBE ER understannds that NOOAH MEMB BER has thhe sole responsibility foor
paymment of the above
a SERV
VICE’s fees and costs. CLIENT fuurther undersstands that in i
the event a Courrt or Administrative Prooceeding maakes or refusses to makee an order foor
Noah Member ___
______________ TBFC _____________
Tw
wins Buiilders Fo
oundatio
on Corp
poration
1010 North Central Avenue,
A Glendale, CA 91202
http://ww
ww.builder4u
u.org
8. ARRBITRATIO ON/WAIVER R OF JURY TRIAL & CHOICEC OFF LAW & FO ORUMS:
Any controversy, claim or diispute in thee course andd scope of thhis contract or o arising ouut
of orr relating to this contracct or the breeach, terminnation, enforrcement, inteerpretation or
o
validity thereof, including the determ mination of the scope or applicabbility of thiis
agreeement to arb bitrate (“disspute”), shalll be determ
mined by coonfidential arbitration
a i
in
Glenddale, Califorrnia, before a sole arbitrrator, in accordance withh the laws of
o the state of
o
Califfornia for this contract.
Noah Member ___
______________ TBFC _____________
Tw
wins Buiilders Fo
oundatio
on Corp
poration
1010 North Central Avenue,
A Glendale, CA 91202
http://ww
ww.builder4u
u.org
9. EN
NTIRE AGR REEMENT
This agreement comprises
c thhe entire conntract betweeen SERVICE E and NOAH MEMBER R
and supersedes
s any
a prior or o contempooraneous agrreements or representattions, oral or o
writteen, not exp pressly incluuded hereinn. NOAH MEMBER R acknowleddges that no n
repreesentations, promises
p or agreements
a h
have been made
m except those contaiined herein.
10. ACKNOWL
A LEDGMENTT OF RECE EIPT OF AGREEMEN
A NT BY SIGGNING THIIS
RETAAINER AGGREEMENTT, NOAH MEMBER AGREES THAT HE E OR SHE
UNDDERSTANDS AND VO OLUNTARIILY ACCEP PTS THE ABOVE TE ERMS AND D
CONNDITIONS OF
O THIS DONATION
D N ARRANGE EMENT ANND ACKNO OWLEDGEES
RECEEIPT OF A COPY OF
F THIS AGGREEMENT T. NOAH MEMBER
M I OVER 18
IS
YEAARS OF AGE,
A FUL
LLY UNDE ERSTAND THE PR ROVISIONS OF THIIS
AGRREEMENT, AND UNDER THE PA AIN OF PE
ERJURY, MAINTAINS THAT ALL
ACTIION ARISIN
NG FROM THIS
T TRAN
NSACTION ARE CIVILL IN NATUR
RE.
Datedd:_________
____________
N
NOAH MEM
MBER
Datedd: ________
____________
TWIN BUILDERS
B FOUNDAT
TION CORP.
Noah Member ___
______________ TBFC _____________
National Organization of Assistance for
Homeowners of California (NOAH-CA)
500 North State College Blvd. Suite 1100, Orange, CA 92868
Mailing Address: 1010 North Central Avenue, Glendale, CA 91202
Tel: 1-888-777-9489; Fax: 1-(888) 755-1416
http://www.noahcentral.org
This Master Membership Agreement (this “Agreement”) is made this ____ day of _______ 2011,
by and between __________________________________________ (“Member”) with subject
property located at ___________________________________________ and NATIONAL
ORGANIZATION OF ASSISTANCE FOR HOMEOWNERS OF CALIFORNIA (NOAH-CA) a dba
of Financial Wellness for Homeowners of Orange County Corporation, a California non-
profit corporation. (hereinafter referred to as “Foundation”, and together with the Member, the
“Parties”).
(This supersedes all previous agreements with the “Foundation” and any other organization
associated with the “Foundation”.)
SECTION 1. SERVICES
The Full Circle Package to be provided by Foundation to Member (also referred to herein as the
“Services”) includes but is not limited to the following:
2) Debt Elimination. Foundation can assist Member through its third party alliance with the
goal of reducing the principal owed on unsecured debt, such as credit card balances,
unsecured debts, and car loans.
3) Credit Restoration and Education. Foundation shall educate Member on the credit
rating system used by credit bureaus, and ways to restore, maintain and maximize
Member’s credit score,
7) Mortgage Analysis and Data Research. With the goal of protecting home ownership
and educating Member, Foundation, through its alliance with Twins Builders Foundation
Corporation, assists Member in analyzing Member’s existing home loan(s). The objective
of such analysis is to determine whether the Member’s current home loan documentation
is accurate and in compliance with applicable laws, and if not, whether such errors or
instances of non-compliance may be sufficient to seek revision or rescission of the loan.
Inaccuracies and violations that are found may be used by the Foundation as leverage to
purchase the Member’s mortgage note from Member’s lender(s).
Services can be added, modified or removed at the discretion of the Foundation, in order to best
serve the Member’s interests.
The donation commitment for the Membership (the “Donation”) will be through Twins Builders
Foundation Corporation (TBFC) who manages all document and process of the Full Circle
Package.
Whatever donation commitment option Member chooses, if the TBFC does not receive their
monthly donation on time by the first day of each calendar month, the Member will have 7
calendar days grace period to ensure the monthly donation is received by the Foundation, after
which the Foundation will not be obligated to continue serving the Member and reserves the right
to close the membership. Any membership Donation paid to the Foundation is non-refundable
unless the Foundation determines otherwise at its sole discretion.
SECTION 3. NO GUARANTEES
Foundation makes no guarantee as to the outcome of any of the services offered except the
diligence of a “Good Father”.
SECTION 4. DISCLAIMER
Foundation is not a credit repair service. Foundation is not a law firm. Foundation is not a credit
counselor. Foundation is not a real estate or mortgage firm. Foundation is not a loan modification
servicer.
The Foundation is a Financial Wellness Firm whose primary mission is to help members keep
The Foundation does not, and cannot, guarantee a change or alteration of the Member’s home
loan obligation to the Member’s lender(s).
SECTION 5. INDEMNIFICATION
Foundation will not be liable to Member for any fault or damages, whether direct or indirect, and
disclaims any warranties, expressed or implied. Member shall defend, indemnify, and hold
harmless Foundation, its employees, volunteers, trustees, officers, directors, agents, and all
members from and against any and all liabilities, claims, lawsuits, losses, damages, costs or
expenses, including attorney’s Donations, unless arising as a direct result of Foundation’s willful
misconduct or gross negligence.
In addition, Foundation does not, and shall not, receive any Donation or compensation of any
kind from any attorney to whom the Foundation may refer the Member, and the Member agrees
that Foundation shall not be responsible or liable in any way for any claims, damages or causes
of action suffered or incurred by the Member as the result of the Member following the advice or
recommendations of any attorney referred to, or independently engaged by, the Member.
SECTION 6. REMEDIES
All claims, disputes, and controversies arising out of or relating in any way to this Agreement
will be resolved by binding arbitration administered by a single arbitrator in accordance with
the then existing Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) who is a member of the local State Bar in good standing, actively engaged in the
practice of law and has over 15 years’ experience in real estate law and litigation. If the
Parties cannot agree to an arbitrator, the Parties agree to have AAA select a single arbitrator
from among its arbitration panel.
The arbitrator will deliver the decision or award in writing with a summary of the reasons for
the decision or award, and the decision or award shall be final and binding on all Parties,
their successors and assigns. If deemed appropriate by the arbitrator, the arbitrator may
grant a motion to dismiss the claim or a motion for summary judgment of the claim.
Judgment on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
If the arbitrator determines that a Party has generally prevailed in the arbitration proceeding,
then the arbitrator shall award to that Party its reasonable out-of-pocket expenses related to
the arbitration, including filing Donations, arbitrator compensation, attorney’s Donations and
legal costs.
The arbitration proceedings and arbitration award shall be maintained by the Parties as
strictly confidential, except as is otherwise required by court order or as is necessary to
confirm, vacate or enforce the award and for disclosure in confidence to the Parties’
respective attorneys, tax advisors and senior management and to family members of a Party
who is an individual.
I / We have read the above arbitration provisions and agree to the terms and conditions.
1) Independent Legal Counsel. The Parties have been advised to retain and consult with
independent legal counsel regarding this Agreement and any and all subsequent
Agreements entered into between Member and Foundation.
2) Entire Agreement. This Agreement represents the entire agreement between the Parties.
This Agreement supersedes all prior Agreements between Foundation and Member. For
the protection of the Member and the Foundation, the Member shall not rely on any oral
statement of any employee or representative of the Foundation that is, or may be,
inconsistent with the terms of this Agreement.
4) Facsimile Copies Valid. Copies sent by facsimile transmission will be valid for all required
notices, consents and executions of this Agreement, provided that the original written
notice, consent or execution is also sent at the same time by first class mail.
7) Termination. Either party may terminate this Agreement at any time, with or without notice,
if the other party is in breach of this Agreement or of any other written agreement into which
the parties have entered. Any membership Donation paid to the Foundation is non-
refundable unless the Foundation determines otherwise at its sole discretion.
8) Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the state of member, without giving effect to conflict of laws.
10) Notice. All notices and other communications in connection with this Agreement shall be in
writing. Notice shall be considered effective when delivered to the “Foundation’s” office
address, fax number, or e-mail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written above.
NOAH-CALIFORNIA
By: __________________________
Facsimile:
Email Address:
Re: ___________________________ Name
___________________________ Property Address
___________________________ Loan Number
TO WHOM IT MAY CONCERN:
This Authorization, or a copy thereof, will permit and authorize _________________________
to release or otherwise provide to the Law Offices of Dickson and Associates (hereinafter “Law Offices”) all financial
information or documents contained in my loan file or account, including public and non‐public information, loan
balance information, loan status, payment history and payment activity, any property information and final pay‐off
statement.
These financial records and information are to be used by Law Offices toward pursuing and working toward a loan
modification or loan alternative(s) on my behalf.
The Lender/Mortgage Servicer or Provider to whom this Authorization is presented may take reasonable steps to verify
the identity of Law Offices listed above but will have no liability to verify said identity when Law Offices inquires as to my
account or seeks information thereon, nor will the Lender/Mortgage Servicer or Provider have any liability whatsoever
for what is done by Law Offices with the information provided with regard to my account.
I further agree to defend, indemnify and hold harmless the Lender/Mortgage Servicer or Provider from any and all
claims, suits, actions or demands against the Lender/Mortgage Servicer or Provider which I or my heirs or assigns may
have as a result of the providing of information by the Lender/ Mortgage Servicer or Provider to Law Offices or any
person identifying themselves as a representative of Law Offices.
Date: ______________________ Signature: ______________________________________
Last Four # of SSN: ___________ Name (Print): ___________________________________
Date: ______________________ Signature: ______________________________________
Last Four # of SSN: ___________ Name (Print): ___________________________________
Your signature above indicates your agreement to the terms of this Authorization.
Note: No information contained in your account file can or will be provided to Law Offices until you have provided this
signed document to Law Offices.
Legal Servicer for the Law Office of Dickson and Associates Representatives:
Your Name:
Spouse:
Email address:
Address of Property:
Your Occupation:
Wife’s Occupation:
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
Names of any other persons living with you (please list your relationship to these people as well:
“child”, “family”, “roommate”, etc):
1.
2.
3.
4.
5.
a. “If YES, is there a Sale Date set for your property? YES NO
b. “Date:
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
5. If your loan was a refinance loan, were any of the funds used for upgrades on the home?
YES
NO
6. Did you receive early disclosures within three days after you applied for the loan?
YES
NO
7. Was the mortgage broker/mortgage company recommended to you (e.g. by your realtor)?
YES
NO
8. Did the Mortgage Broker explain and/or recommend certain loan options to you?
YES
NO
9. Did the Mortgage Broker disclose that the interest rate on the loan was not fixed?
YES NO
10. Did the Mortgage Broker tell you how long the interest rate would stay fixed?
YES NO
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
11. Did the Mortgage Broker explain the possibility of the interest rate increasing and how
payments were calculated? YES NO
12. Did the Mortgage Broker ever ask you to state an income different from what you earned?
YES NO
“If so, about how much was your actual income (per mo)? $
13. Please state any other important misrepresentations or issues you felt the representative
failed to disclose:
14. At your closing, were you given a chance to read over the documents?
YES NO
15. Did you feel rushed during the closing process? YES NO
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
16. Who currently services your loan? (Is it the company you make the payments to)
(Please list each source of income separately and list all possible sources. This information
will not be turned over to your servicer.)
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
Property Taxes:
Homeowners Insurance:
HOA Dues:
Your cooperation in this endeavor is required. Please forward to TBFC any correspondence from
any source regarding the status of your loan. We will need all the legal documents, collection
letters, threats, and intimidation letters in order to build your case.
It is recommended that you keep a record of ALL harassing phone calls. It is against the law for
collectors to call you at work, if they know you cannot accept collection calls. In order to assist
you, TBFC cannot perform to (100%) efficiency without your assistance.
Please take advantage of all of the services in our financial, credit restoration and debt
solution programs.
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
Date Sent:
If mortgage was a refinance within the last (3) years, has a rescission letter been sent out?
YES NO
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
(Your name)
(Date of entry)
Supervisor:
TBFC is dedicated to assist you in your Financial Wellness program. All materials provided by consumer are
governed by the Red Flag Compliance Act, HIPPA, FDCPA, FCRA and FACTA. None of the information provide
by the consumer will be sold or disseminated to the public in any form. Legal Disclaimer: The legal information on
this form should not be construed as formal legal advice nor the formation of an attorney client relationship.
Please let this Authorization, or a copy thereof, serve to permit and authorize Twins
Builders Foundation Corp. (hereinafter “TBFC”), its staff, attorneys, affiliates and assignees
to negotiate with your company a purchase agreement of the promissory note secured
by the above-stated property.
I understand that the purchase of my note by TBFC or its assignees does not require or
involve transferring Title to the property listed above.
The bank, investor, institution or company to whom this Authorization Is provided may
take reasonable steps to verify the identity of the negotiating party, but will have no
liability to verify said identity.
By my signature below, I agree to defend, indemnify, and hold harmless the bank,
investor, institution or company from any and all claims, suits, actions or demands against
the bank, investor, institution or company which I or my heirs and assigns may have as a
result of the bank, investor, institution or company negotiating and selling the promissory
note secured by my property identified above to TBFC or its assignees.
This Authorization shall be valid for a period of five (5) years unless revoked by me with
the acceptance of TBFCin a writing which bears both signatures.
Dated:
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PERSONAL INFORMATION
Name: Subject Property:
Dependents
Marital Status Relationship Age
INCOME INFORMATION
Income information provided is monthly
Monthly Balance
Category Description Exempt
Payment Due
Mortgage (Subject Property)
Mortgage (Other)
Mortgage (Other)
Secured Auto Loan:
Debts Auto Loan:
Other:
Other:
Other:
Child or Marital Support
Unsecured Involuntary Cases
Contribution of employees benefits
Priority
Taxes
Debts Other:
Other:
Unsecured
Non-priority
Debts
(Credit Cards
& Loans)
Contracts &
Unexpired
Leases
TOTALS
Monthly
Category Description
Payment
Rent or Home Mortgage
Real Property Taxes
Home Owners Association
Water & Power
Telephone (Home & Cell)
Household
Internet / Cable / Satellite / Other
& Utilities
Home Maintenance
Food
Clothing
Laundry & Cleaning
Medical & Dental Expenses
Transportation (Gas)
Recreation & Entertainment
Charitable Contributions
Transportation Property Insurance
& Insurance Life Insurance
Health Insurance
Auto Insurance
Other Insurance:
Auto Payments
Other Installments:
Other Installments:
Installments
Alimony, Maintenance & Support paid to others
&
Support to dependents not living at your home
Others
Regular expenses from business, profession, etc.
Other Expenses:
Other Expenses:
AVERAGE MONTHLY EXPENSES
Comments or any additional information that you think could be helpful:
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