MORTGAGE RIGHTS
 Introduction to Litigation The Complaint and the Response  The Complaint Cases are started by filing a summons and complaint with the Clerk of Courts. Both are then served on the defendant. The summons tells the defendant that in which court they have been sued and instructs the defendant that they must respond in a certain amount of time. Complaints usually contain at least two sections: the facts and the causes of action. Here are examples of these sections. ALLEGATIONS OF FACTS 1. The [client name goes here] missed mortgage payments in 2015 because of the financial burden of an illness. 2. The [clients] contacted the plaintiff, PHH Mortgage, and submitted an application for a loan modification, which PHH deemed incomplete because of technicalities, such as the loan number missing from a page. The [clients] were able to get PHH to accept the application with the help of a credit counselor. 3. PHH entered into a payment arrangement with the [clients], who planned to use funds in a 401K to make the payments. 4. Two days before the first payment was due, PHH Mortgage filed this foreclosure action. CAUSES OF ACTION COUNT ONE (Breach of Contract: Payment Agreement) 5. The [clients] re-allege paragraphs 1-9 as if fully set forth herein. 6. The [clients] accepted PHH's offer of a payment plan for bringing the loan current. 7. The [clients] were willing and able to perform their end of the bargain. 8. PHH breached the contract by filing this foreclosure action before the first payment was due. 9. The [clients] have been damaged by PHH's breach in an amount to be determined at trial including but not limited to the expense of expending time and effort in seeking a different loss mitigation options and in defending the lawsuit; and damage to their credit reputation. Complaints end with what is called a prayer for relief: WHEREFORE, the [clients] demand judgment for damages caused by PHH's action in an amount to be determined at trial; the costs and expenses of this action; statutory and actual attorneys' fees; and such further relief the Court may deem appropriate.
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 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
 The Complaint Cases are started by filing a summons and complaint with the Clerk of Courts. Both are then served on the defendant. The summons tells the defendant that in which court they have been sued and instructs the defendant that they must respond in a certain amount of time. Complaints usually contain at least two sections: the facts and the causes of action. Here are examples of these sections. ALLEGATIONS OF FACTS 1. The [client name goes here] missed mortgage payments in 2015 because of the financial burden of an illness. 2. The [clients] contacted the plaintiff, PHH Mortgage, and submitted an application for a loan modification, which PHH deemed incomplete because of technicalities, such as the loan number missing from a page. The [clients] were able to get PHH to accept the application with the help of a credit counselor. 3. PHH entered into a payment arrangement with the [clients], who planned to use funds in a 401K to make the payments. 4. Two days before the first payment was due, PHH Mortgage filed this foreclosure action. CAUSES OF ACTION COUNT ONE (Breach of Contract: Payment Agreement) 5. The [clients] re-allege paragraphs 1-9 as if fully set forth herein. 6. The [clients] accepted PHH's offer of a payment plan for bringing the loan current. 7. The [clients] were willing and able to perform their end of the bargain. 8. PHH breached the contract by filing this foreclosure action before the first payment was due. 9. The [clients] have been damaged by PHH's breach in an amount to be determined at trial including but not limited to the expense of expending time and effort in seeking a different loss mitigation options and in defending the lawsuit; and damage to their credit reputation. Complaints end with what is called a prayer for relief: WHEREFORE, the [clients] demand judgment for damages caused by PHH's action in an amount to be determined at trial; the costs and expenses of this action; statutory and actual attorneys' fees; and such further relief the Court may deem appropriate.  MORTGAGE RIGHTS
 Introduction to Litigation The Complaint and the Response
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
 The Complaint Cases are started by filing a summons and complaint with the Clerk of Courts. Both are then served on the defendant. The summons tells the defendant that in which court they have been sued and instructs the defendant that they must respond in a certain amount of time. Complaints usually contain at least two sections: the facts and the causes of action. Here are examples of these sections. ALLEGATIONS OF FACTS 1. The [client name goes here] missed mortgage payments in 2015 because of the financial burden of an illness. 2. The [clients] contacted the plaintiff, PHH Mortgage, and submitted an application for a loan modification, which PHH deemed incomplete because of technicalities, such as the loan number missing from a page. The [clients] were able to get PHH to accept the application with the help of a credit counselor. 3. PHH entered into a payment arrangement with the [clients], who planned to use funds in a 401K to make the payments. 4. Two days before the first payment was due, PHH Mortgage filed this foreclosure action. CAUSES OF ACTION COUNT ONE (Breach of Contract: Payment Agreement) 5. The [clients] re-allege paragraphs 1-9 as if fully set forth herein. 6. The [clients] accepted PHH's offer of a payment plan for bringing the loan current. 7. The [clients] were willing and able to perform their end of the bargain. 8. PHH breached the contract by filing this foreclosure action before the first payment was due. 9. The [clients] have been damaged by PHH's breach in an amount to be determined at trial including but not limited to the expense of expending time and effort in seeking a different loss mitigation options and in defending the lawsuit; and damage to their credit reputation. Complaints end with what is called a prayer for relief: WHEREFORE, the [clients] demand judgment for damages caused by PHH's action in an amount to be determined at trial; the costs and expenses of this action; statutory and actual attorneys' fees; and such further relief the Court may deem appropriate.  MORTGAGE RIGHTS
 Introduction to Litigation The Complaint and the Response
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
 The Complaint Cases are started by filing a summons and complaint with the Clerk of Courts. Both are then served on the defendant. The summons tells the defendant that in which court they have been sued and instructs the defendant that they must respond in a certain amount of time. Complaints usually contain at least two sections: the facts and the causes of action. Here are examples of these sections. ALLEGATIONS OF FACTS 1. The [client name goes here] missed mortgage payments in 2015 because of the financial burden of an illness. 2. The [clients] contacted the plaintiff, PHH Mortgage, and submitted an application for a loan modification, which PHH deemed incomplete because of technicalities, such as the loan number missing from a page. The [clients] were able to get PHH to accept the application with the help of a credit counselor. 3. PHH entered into a payment arrangement with the [clients], who planned to use funds in a 401K to make the payments. 4. Two days before the first payment was due, PHH Mortgage filed this foreclosure action. CAUSES OF ACTION COUNT ONE (Breach of Contract: Payment Agreement) 5. The [clients] re-allege paragraphs 1-9 as if fully set forth herein. 6. The [clients] accepted PHH's offer of a payment plan for bringing the loan current. 7. The [clients] were willing and able to perform their end of the bargain. 8. PHH breached the contract by filing this foreclosure action before the first payment was due. 9. The [clients] have been damaged by PHH's breach in an amount to be determined at trial including but not limited to the expense of expending time and effort in seeking a different loss mitigation options and in defending the lawsuit; and damage to their credit reputation. Complaints end with what is called a prayer for relief: WHEREFORE, the [clients] demand judgment for damages caused by PHH's action in an amount to be determined at trial; the costs and expenses of this action; statutory and actual attorneys' fees; and such further relief the Court may deem appropriate.  MORTGAGE RIGHTS  Introduction to Litigation The Complaint and the Response
 MORTGAGE RIGHTS The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.