BANSC-RE-2010-187 TD Bank N.A. V Twila A. Wolf Case As Filed 05 08 2012

STATE OF MAINE CIVIL
COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT
TD BANK N.A. f/k/a FIRST MASSACHUSETTS BANK N.A. Plaintiff,

v.
Case No.: BANSC-RE-2010-187
INJUNCTIVE RELIEF SOUGHT DEFENDANT'S OBJECTIONS TO PLAINTIFFS LATE AND UNTIMELY RESPONSE AND MOTIONS CONCERNING DEFENDANTS OBJECTIONS AND RESPONSIVE MOTIONS TO PLAINTIFFS MOTION TO LIFT STAY AND FINAL SUMMARY JUDGMENT INCORPORATED MOTION TO STRIKE AND MEMORANDUM OF LAW. JURY TRIAL DEMANDED Judge/Magistrate: Anderson. Date of Hearing: Time of Hearing: _ The Most Honorable Justice
TWIALA A. BUTLER f/k/a WOLF AND CHARLTON A. BUTLER JR. pro se Defendant and Defendant-Intervenor.
DEFENDANT'S OBJECTIONS TO PLAINTIFFS LATE AND UNTIMELY RESPONSE AND MOTIONS CONCERNING DEFENDANTS OBJECTIONS AND RESPONSIVE MOTIONS TO PLAINTIFFS MOTION TO LIFT STAY AND FINAL SUMMARY JUDGMENT INCORPORATED MOTION TO STRIKE AND MEMORANDUM OF LAW.
TITLE TO REAL PROpERTY INVOLVED. INJUNCTIVE RELIEF SOUGHT JURY TRIAL DEMANDED
Now, come Defendant's,
with objection
and motion to strike Plaintiffs untimely Defendants objections and responsive
response,
objections
and motions regarding
motions to Plaintiffs Motion for a Lift of Stay and Final Summary Judgment.
MOTION TO SET ASIDE DEFAULT AND/OR DEFAULT JUDGMENT: DISCUSSION 1. This default case, in predominant part, comes before the Court on Plaintiffs motion to set aside a default judgment per M.R.Civ.P. 55(c). 2. A court may set aside a default judgment for "excusable neglect" under federal standards and the State of Maine's less stringent standard "good cause shown." M.R. Civ. P. 55(c). To establish "good cause," a party must show a good excuse for his or
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her untimeliness and a meritorious defense. Boit v. Brookstone Company, Inc., 641 A.2d 864, 865 (Me. 1994). In the review of a trial court's ruling on a motion to set aside a default for abuse of discretion the Supreme Judicial Court "will vacate the judgment only; if, the denial works a plain and unmistakable injustice against the defendant." LaFosse v. Champagne, 2000 ME 81, ~ 10,750 A.2d 1254, 1256 . 3. This would further confirm Defendants position in, that, this is predominately a Defendants claim and or position and to find the plaintiffs who initiated this action in this sort of situation does not speak well of their handling of this matter for their
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clients thus far. 4. In Truman v. Browne OXF-01-124 Browne presented defense. an arguably meritorious
She alleged, in her answer, that the statements she published to third
parties are true. Browne had not, however, established that the court exceeded the bounds of its discretion in determining that she had not stated a good excuse for her untimely answer. Same here for the Plaintiffs. The legal equivalent to "The Dog Ate My Homework" should be insufficient as an excuse. 5. Browne argues that she mistakenly thought that she had twenty days from the denial of her motion to dismiss in which to file her answer. 6. The trial court could have, reasonably just as well, considered Browne's claim in the context that she had recently filed a motion to dismiss; that served to delay her answer, and then had failed to appear at the scheduled hearing on the motion to ~
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COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT in her defense of the
dismiss. These actions suggested significant carelessness
matter, (emphasis added) which the trial court could view as confirmed by her untimely answer. As Defendants pointed out of Plaintiffs case. 7. Yet, this wasn't the case, as the court chose to respond with "although Browne is representing consideration." herself, we afford her no bending of the rules or other "special See Dumont v. Fleet Bank of Maine, 2000 ME 197, ~ 13, 760 A.2d
1049, 1054. Rule 12(a) of the Maine Rules of Civil Procedure provides that "if the court denies the motion [in this case, the motion to dismiss] . . . the responsive pleading shall be served within 10 days after notice of the court's action." M.R.Civ. P. 12(a). Browne's misunderstanding of this rule, taken in the context of her prior
actions in this case, does not constitute a good excuse for her late answer. The court, therefore, did not exceed the bounds of its discretion by refusing to set aside the entry of default. Because entry of the default was proper, we need not address
whether the preliminary injunction unduly limited Browne's capacity to develop evidence on liability issues.
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8. Stephanie A. Williams and David B. McConnell, of Perkins Thompson P.A., are professionals, attorneys; practicing at law, the ABA stresses and states that this problem, missed deadlines, is the number one reason that attorneys face, of the top ten reasons, malpractice charges and the easiest to prevent, of those top ten reasons, and lists, in a 2006 ABATech Show brochure, several software programs to set up reminder and tickler systems to avoid this problem as well professionals online and in industry periodicals that give mini courses in time management and project management. Defendants Exhibit A
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A-1/1.
9. A recent change in Maine rules of civil procedure bears on the subject here before the bar today; M.R.Civ.P.6(b)(2); M.R.Civ.P.55 Good Cause or Excusable Neglect to Set Aside Default; Dyer, Goodall and Federle, LLCv. Proctor, 2007 ME 145, 935 A.2d 1123.
10. A law firm sued its client for unpaid fees. The defendant was served while on a break from his vacation and, although he understood that he had to answer the complaint, he did not do so until 54 days after he was served. 11. With his late answer, the client filed a counterclaim alleging malpractice and moved to remove the case to Superior Court. Plaintiff opposed that motion, but the case was removed. Plaintiff then filed, in the District Court, a motion for default and a motion to dismiss the answer and counterclaim. The motions were forwarded to the Superior Court. 12. The defendant objected to the motions on the grounds that he had a meritorious defense and a valid counterclaim. He filed a motion for enlargement of time to file his answer and counterclaim. 13. The Superior Court denied the motion for enlargement on the basis that the
defendant had failed to show excusable neglect under M.R.Civ.P. 6(b)(2). The Superior Court granted the motion to dismiss the answer and counterclaim and entered a default judgment against defendant. The Superior Court also denied
defendant's motion to extend the time for removal which had been filed by the defendant. 14. The Law Court affirmed in all respects. It found that the fact that the Superior Court considered the case, even though it had not been properly removed, was not a procedural irregularity that voided the proceedings, because, the District Court and Superior Court had concurrent jurisdiction, and the defendant could not complain that the Superior Court had considered these issues because he had asked for the removal in the first place. 15. The Law Court also concluded that the Superior Court's finding that the
counterclaim and answer were "a nullity" constituted dismissal as a matter of procedure which would have been without prejudice. 16. This left the Superior Court clear to consider the motion for default, and the Law Court affirmed the entry of default judgment on the ground that defendant had demonstrated neither
a. excusable neglect (which can be found only when there are extraordinary circumstances that work an injustice) b. nor even for "good cause" for setting aside the default since the press of other business was not a sufficient justification for not answering the complaint. 17. Finally, the Court noted that, since defendant had failed to establish good cause, whether he had a meritorious defense was irrelevant. Defendants assert that
Plaintiffs situation is thus and is currently the matter before the bar and seek similar adjudication in their favor. 18. Defendants assert res judicata and collateral estoppel predicated on the rule "the raising of standing", is a thresh hold issue, once again first year stuff your honor and Defendants do not presume to tell you anything. Defendants are simply stating the obvious to the Plaintiffs, it therefore, is a motion for Summary Judgment in and of its self automatically and thus this default was a final judgment as well; Plaintiffs default, led to a final judgment thus res judicata and collateral estoppel would apply. 19. Defendants have more than shown their case and backed it up with evidence such as Defendants Exhibits" A-2 " " A-3 " " A-4 " " A-S " " A-6 " " A-T' " A-8
II II
A-9
II
herein
attached and offered to the court are, documents, received from Plaintiffs, in response to Defendants "QWR",Qualified Written Request and her statements from Social Security Supplemental Insurance and Social Security Administration to what amount of income she had at the time which she had submitted to the Bank. 20. In which it is obvious the underwriters, (highlighted for ease of review), and/or
others within the Bank altered and played with Defendants figures until they had them where Defendant T Butler f/k/a Wolf would qualify for a loan and or loans they [the Bank TD Bank N.A./ Mortgage Consultant / Loan Officer] obviously and undeniably knew she was not qualified for. 21. Point in fact setting her up to fail from the start. Defendants would argue a fiduciary duty was created by the very nature of the program that she was talked into applying for so as to buy the house.
22. That a help program by definition imparts an understanding that the promisor has wisdom, knowledge, skill and ability etc in the field of finance and by their promises, concerning their abilities, wisdom and experience; that they, either, did not do for her or demonstrate for her benefit these skills as promised or as
promised guide her through this loan application and so on and get her the best deal possible for a loan (singular) so as to make her a homeowner and to have a part of the "American Dream". 23. Thereby, Therein, Therefore, Wherein and Wherefore making it a fact that Plaintiffs did indeed impart upon themselves jointly and individually a fiduciary
responsibility to Defendants particularly and specifically Defendant T-Butler. 24. Defendants state that this, set of loans; as attested to in other motions and pleadings before the bar in this matter, is not what was agreed to and that the loan in question besides not being a loan Defendant took out, is the only loan that even has a breath of a chance in gaining what Maine State Housing Authority lost by default, by their choice of a servicer. 25. This loan being one more loan than Defendants agreed to as noted in writing that Plaintiffs then cut the bottom off to erase the signature and notation of nonacceptance. 26. Then substituted a forgery of Defendants signature on a separate piece of paper, supposedly, attesting to Defendant T-Butlers acceptance of the two loans. 27. Loans amounting to 16 % total interest and 14 % blended. Wow that is some help program loaning money out at more than retail market price at the time .....just who were Plaintiffs helping? 28. Point in fact raising her income from 6k to 13k per year as but one example. 29. Point in fact, Defendants and particularly Defendant T-Butler, is a hero, for carrying a fraudulent loan, under the guise of a payment to an escrow account and one payment as her mortgage payment; the ruse worked, for 10 years, before life's uncertainty and marriage, revealed the fraud; Defendant T Butler, was a victim of and the criminal nature of the predatory methods these Fraudulent Lenders / Servicers/ Debt Collectors / Whomever these people really are; [a]re, attempting to use in the illegal taking and conveyance of Defendant Homeowners property.
30. A party may seek to set aside a default judgment for jgood cause shown" per M.R. Civ. P. 55(c). Whether good cause exists depends on a party's demonstration that there is '" a reasonable excuse for the default and a meritorious defense to the underlying action.'" Martello v. Giguere, 667 A.2d 588, 589 (Me. 1995) (quoting
Theriault v. Gauthier, 634 A.2d 1255, 1256 (Me. 1993)). The excusable neglect
standard for lifting default judgments under Rule 60(b) is more stringent than the good cause standard for lifting an entry of default under Rule 55(c). Theriault, 634 A.2d at 1256-57. 31. This letter Defendants Exhibit" B " from Perkins Thompson Associate, David B McConnell indicating that almost 42 days after filing a Motion to Lift Stay and Final Summary Judgment he thought to check on that Motion to Lift Stay and Final Summary Judgment. This is just plain old fashioned amusing in the simplistic lie it is as he is making the case for malpractice. All I can ask is what does he think to gain from it; besides higher premiums?
GOOD CAUSE:
32. As noted above, to set aside a default, the movant must show good cause for its untimely reply or lack of response. The Law Court has upheld default judgments for untimely responses. See Ireland v. Carpenter, 2005 ME 98, 1, 879 A.2d 35, 36. In
Ireland, the defendants wrote a letter to the plaintiff after being sued, but did not
file an answer with the court for months following service of the complaint. Id. 3, 879 A.2d at 37. 33. After a default was entered, the trial court denied the defendants' motion to set it aside and file a late answer. Id. 4, 879 A.2d at 37. The Law Court affirmed because the defendants' "unfamiliarity with the rules of procedure and their failure to read the summons in its entirety" did not constitute good cause. Id. 15,879 A.2d at 40. 34. Similarly, Defendants argue that the default should stand because the Bank was required to respond to Defendants Responsive Motions. M.R. Civ. P. 12(a), which provides that replies to pleadings motions and counterclaims served within 20 days of service of such. The rule also indicates that "if a reply is ordered by the court, [a
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response is due] within 20 days after service of the order, unless the order otherwise directs." M.R.Civ.P. 12(a) (emphasis added). 35. Defendants note that they have disputed facts alleged by Plaintiffs and attacked the legal sufficiency of their claims in their responses, all along, as well as when Defendants opposed Plaintiffs Motion for Lift of Stay and Final Summary Judgment that Defendants converted into their Summary Judgment. 36. For this reason, Defendants claim that the Plaintiffs were and have been on notice of Defendant's arguments, in addition to that required by rule or statute, and would not be prejudiced if this Court were to grant its motion to deny and strike, in their entirety, Plaintiffs response and motions as untimely. 37. This honorable court could call, in addition to and as well as, for the record of the Federal District Court in this matter in which, while granted, there is a lot of crazy man hands waving in air is present in Defendants pleadings. 38. Defendants state they cannot help it that Plaintiffs fell for the crazy man routine, still the Defendants made all crucial arguments the same as today and increasingly culminating in and reflecting the knowledge or growth in awareness of exactly what happened and who was responsible are shown to have deepened and grown over time as Defendants fleshed out the crime that is this case. MERITORIOUS DEFENSE 39. When analyzing whether a meritorious defense exists, the Court assumes that that party's factual assertions are true: Which these are the factual assertions the Plaintiffs are making and that are true a. Plaintiffs asserted they were not served a copy Defendants Objections and Responsive Motions to Plaintiffs Motion for a Lift of Stay and Final Summary Judgment. b. Then Plaintiffs claimed, when disproven on the matter of receipt, that they had lost the documents in question interoffice. c. Plaintiffs are attempting to state for the record that they lost a package that they then claim there was a document missing from which, its missing status, they
are attempting to derive their right to respond late from and thus they feel validates their right to respond and make motion now. Defendants couldn't disagree more. 40. The court would then have to assess "whether the moving party's version of the facts and circumstances constitutes a defense to the opposing party's cause of action." Hart v. Terry L. Hopkins, Inc., 588 A.2d 1187, 1190 (Me. 1991). For example, the Law Court determined that "an arguably meritorious defense" existed when a defendant alleged the truth of statements that formed the basis of a defamation
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action against her. Truman v. Browne, 2001 ME 182, <JI 10, 788 A.2d 168, 170. No such has been proven or even hinted at in this matter now before the bench, by Plaintiffs' counsel. 41. Service upon opposing parties is required in the manner prescribed in M.R. Civ. P. 5(b) and 7(c). This, requirement, was complied with by Defendants. 42. In all ways Defendants have complied with that required to hold to and have noted that the conditions under which a default has been rescinded or set aside in the past; in other cases, that those conditions are not present in this case today before the bar. CONCLUSION: 43. The statement that "we lost the package interofflce/rnailroom" should say it all. 44. Defendants would like to make clear; that this, all or nothing aspect, of these proceedings, was not a decision, made by Defendants. 45. The Plaintiffs chose this, lose or win everything, over correcting their mistakes and crediting Defendants account with the proper amount paid. At which time
Defendants would have felt that they'd all, Plaintiffs would have benefited most of all in that scenario, be good, to go. 46. Defendants have since withdrawn that offer as their understanding of the crime has only fleshed out and broadened deeply and Plaintiffs have made clear their inability to understand English and the fact that an opportunity to clear up this problem without the courts time being taken up is not to their liking.
47. Defendants relish a chance to share this message with 12 of their peers. 48. Just as much as it would be for the Defendants; if the tables were reversed, "Woulda Coulda, Shoulda" doesn't prevail here no matter how we, Defendants, or they, Plaintiffs, would like it to. 49. See also, Levine v. Key Bank Nat. Ass'n, 2004 ME 131, f 13,861 A.2d 678, 683 (failure of bank to respond to trustee process for three months after service on it because the document did not get handled according to its ordinarily "efficient judgment processing system" was not good cause). For the same holding, see R. C. Moore, Inc.
v. Les-Care Kitchens, Inc., 2007 ME 138, 1127-29, 931 A.2d 1081, 1087-7. So even if
normally they are the epitome of efficient mail redelivery in their office it doesn't count as "excusable neglect" or "good cause."
so. Similarly, in Boit
v. Brookstone Co., Inc., 641 A.2d 864,865 (Me. 1994) the Supreme
Judicial Court / Law Court upheld a trial court's refusal to vacate a default entered just eight days after an answer was due when the defendant's insurer's excuse was only that there had been a "delay in the mail room." (emphasis added) See also
Conrad v. Swan, 2008 ME 2, 940 A.2d 1070. This case directly on point.
51. Most recently the Supreme Judicial Court / Law Court has upheld the standard requiring showing of a good excuse for untimeliness in Richter v. Ercolini, 2010 ME 38, 15. See also Ezell v. Lawless, 2008 ME 139, 122 (a party seeking relief from a default judgment must show rIareasonable excuse for her inattention
proceedings'). to the court
52. In the Plaintiffs motion filed as the one referenced, they did not offer sufficient explanation or excuse, "let alone a good excuse or good cause, for failing to act.. .." and/ or to answer the points of Defendants in a timely fashion. Some reasonable excuse explaining the delay in complying is obviously required so that the court can decide whether it is a "good excuse." The dog ate my homework would not and does not comply with the Defendants understanding of the law. 53. Plaintiffs' underlying failure to plead their defense, of Defendants responsive motions, is in direct contravention of the letter and the spirit of the civil rules which explicitly require that "a party shall set forth affirmatively" in a responsive pleading/motion and or objection, certain enumerated defenses, including "statute
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of limitations" and "any other matter constituting an avoidance or affirmative defense." To all claims made by either party as Defendants understand this and interpret it to mean! 54. The concept of "notice pleading" does not excuse the Defendants' of any failure to present affirmative defenses; it would follow then that Plaintiffs unawareness of the intricacies of law do not excuse them from the fulfillment of said, as well, and more to the point; because, they are professionals in the craft of law, they, would and should be held to a closer not laxer application of said rules and law. 55. Because of totally and completely failing to show good cause, their motions should not be granted. As a further consequence, Defendant's motions, having been converted automatically to motions for summary judgment, when made,
Defendants point out that having raised "STANDING"from the beginning of Plaintiffs action against them, all of Defendants motions, therefore, have been/are Summary Judgment motions and the rules that apply to such apply to all their motions thus far as well the current. 56. The rules applying to Defendants, understanding of the situation, prohibited them, Plaintiffs, from making any Summary Judgment motion that did not include arguments directly in line with Defendants modified Statement of Material Facts as has been expressed all through the Federal court pleadings, of Defendants, as well state proceedings. 57. The motions, of Defendants, should have been granted since no defense had been pled that falls within the rules. That of course would make the rest of the issues in this matter moot. 58. As these cases prove, one directly on point, that the excuse of "we lost this in the interoffice mail system and claim that a document, required to be there, was not in it" is not sufficient and fails to fill the bill as required by both rule and statute; lax or strict interpretation.
See, M.R.Civ.P. 8 (c). See also, Boulet v. Beals, 158 Me. 53, 177 A.2d 665 (1962) (libel defendant was required to affirmatively raise "truth" and "privilege").
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59. Under the rules, motions for summary judgment are not "pleadings," but rather, according to M.R. Civ. P. 56 (a) and (b), are motions, as such, every motion of Defendants has been, simultaneously, Defendants, have raised the a motion for Summary Judgment, as issue of standing in every
pleading/objection/affirmation
and or motion made thus far.
60. Since, raising the issue of standing makes all pleadings objections or responsive motions, by Defendants, automatically a Summary Judgment Motion. Defendants think that the court can follow this train of thought and Defendants therefore refrain from preaching to the choir. 61. Further, under M.R.Civ. P. 56(i)(1), "[m]otions to strike factual assertions, denials, or qualifications contained in any statement of material facts filed pursuant to this rule are not permitted.? 62. As such, Plaintiffs motions, to strike, ignore or otherwise deny, Defendant's motions, for injunctive and declaratory relief and sanctions by way of automatic conversion of motion, should be denied as a matter of rule and law. Anything less is prejudicial to Defendants; who did not bring this suit, and would be the only party to have a legitimate claim to being behind the 8 ball, from the start, anyway. This in addition to Collateral Estoppel and Res Judicata that apply here. 63. Defendants conclude from the preponderance of Maine law, that Defendants have precept upon precept, line upon line fallen well within both Maine and Federal Law and rule and seek the same adjudication in Defendants matter before the bar as those many Maine cases cited herein.
2 This language may be compared to Rule 6(b), which governs motions seeking to enlarge court-ordered time limitations. Rule 6(b) provides that the court may "for cause shown at any time in its discretion ... upon motion made after the expiration of the specified [time] period permit [an] act to be done where the failure to act was the result of excusable neglect." Defendants state that Plaintiffs fail to fall within that narrow window allowed.
PRAYER Therefore, with the observance of Defendants claims and evidence in their dispositive responsive motions and objections. Defendants, feeling [t]hat they have dispositively dealt with the Plaintiffs entire case with that knowledge in mind, do ask this honorable court to deny and strike, in their entirety, all of Plaintiffs pleadings, objections and motions as a matter of rule and law. Grant Defendants the making of an order granting Defendants their requested relief, said relief, made in Defendants objections and
responsive motions, and their request for default judgment in this matter now before the bar.
Charlton A. Butler Jr. Defendant-Intervenor Pro se
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CERTIFICATE OF SERVICE BY MAIL

Defendants hereby certify they have this day, or the following as allowed by rule, served the foregoing document upon the parties of record in this proceeding set forth below (by delivering a copy thereof in person) and/or (by mailing a copy thereof, pre-paid and properly addressed by first class mail). Perkins Thompson Attorneys: Stephanie A.Williams David B. McConnell One Canal Plaza P.O.Box 426 Portland Me. 04112-0426 Paul Niklas Assistant City Solicitor for the City of Bangor Maine. 73 Harlow St. Bangor Me. 04401 DATEDthis 8th, day of May 2012.
TECHSHO\N
200 B
The Top Ten Causes of Malpractice

- and How You Can Avoid Them
Presenters:
Mark C.S. Bassingthwaighte
Risk Management Coordinator Attorneys Liability Protection
Society A Risk Retention Group

&
Reba J. Nance Director, Law Practice and Risk Management Colorado Bar Association ABA TECHSHOW 2006 April 20 - 22, 2006 Chicago, Illinois www.techshow.com
Here is a list of our Top Ten Malpractice Traps for 2006, in no particular order, with advice on how to avoid them.
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2) Lack of Professionalism During my travels over the years, I have had numerous opportunities to watch attorneys and law firm staff interact with clients. I am surprised at the number of times that I have observed an unprofessional interaction with a client where the attorney or staff person failed to appreciate the significance of the misstep. Let me provide an example. An attorney works in a small community and is viewed as a community leader. This attorney has had long-lasting attorney/client relationships with a number of individuals in the community. These long-term relationships have allowed the attorney to develop a certain camaraderie and casual way of interacting with those clients. Now, imagine that a potential new client is waiting in the reception area and one of the established clients steps into the reception area unannounced to ask a brief question. The attorney sees the established client enter. He walks right up to the client and with a warm "Hello!" and a pat on the back, he begins discussing the established client's legal matter right in the middle of the reception area. The attorney does this because he knows the established client is comfortable with a public discussion. Do you see the potential professionalism concerns with the described scenario? I believe there are at least two areas of concern. Certainly, I am concerned about the potential breach of confidentiality, or at least an extreme casualness with client confidences. However, I would like to focus on something else. The potential new client worries me. I have watched similar scenarios on several occasions, and every time the new client has a concerned look on his or her face. Why? Everyone believes that attorneys can be relied upon to keep everything confidential. It is a pillar of our profession. Yet, the prospective client just watched an attorney act in complete disregard of the established client's confidences. It really does not matter whether the conversation was confidential. The potential new client cannot easily discern what is confidential, and is likely to assume that everything should be confidential. The result is that you have no idea that your new client may have doubts about your professionalism. The client's concern about your professionalism can become a concern about your competence. These concerns make the client more likely to file a disciplinary complaint or malpractice claim. Email is another place where being casual can be dangerous. At a minimum, you must check your spelling and your grammar, and make certain that your e-mail has a signature block at the end. Why? Again, imagine a client for whom you are acting as divorce counsel. In all likelihood, given the nature of divorce proceedings, this client will reach the end of your professional relationship feeling emotionally beaten. Now, also assume that during your representation this client received emails that were poorly written and rather cryptic. This client will tend toward what all clients do when their case doesn't end quite as expected. The client simply will try to put everything in perspective. It may be natural for this client to ask himself, "What went wrong?" Unfortunately, the client received your unprofessional emails, and now is thinking, "Why didn't I see this before? My own fifth grader can write better than my attorney can. She's
incompetent and my loss is her fault!" Again, unprofessional behavior leads to the client questioning your competence. Finally, you should consider the effect created by poor housekeeping. Some of us in the legal profession view a messy and cluttered office almost as a badge of honor. These messy attorneys seem to believe that clients view the stacks of files as reflecting positively upon the attorney's workload, implying that the attorney is in demand. The reasoning extends to the desired conclusion that the client was lucky to have this particularly busy attorney agree to handle the client's matter. While this mayor may not be true, what is the client's likely response when the matter takes an unexpected turn for the worse? The client is likely to conclude that the unexpected turn resulted from the attorney not devoting adequate time to representing the client. The attorney's messy office only serves to confirm the belief. Certainly, it will take extra effort to keep offices clean, to enforce a rule concerning appropriate dress, to continue emphasizing the importance of confidentiality, and to insist upon courteous and civil behavior from everyone in the office at all times. In short, it takes a real effort to emphasize professional behaviors and attitudes on a daily basis. Nevertheless, 1 strongly want to suggest that the effort is worth it. Professionalism really is about making an implied statement about your competence. In short, professionalism reflects competence. The two necessarily go hand in hand. 3) Stress and Substance Abuse Stress can a killer - literally. I hear lawyers often say - "I like what I do, but I never seem to have enough time to do it all" or "I don't have enough time to spend with my friends and family doing the things that are truly important to me." Take a step back and look at what you're doing to manage your time. A great book for this is "Getting Things Done" by David Allen. This isn't your run-of-the-mill time management book. It actually helps you to manage the paper flow. Keep a running list of everything you have to do. If you use an electronic "To Do" list, it's easy to search for things, move them around to a different date, categorize them by priority, etc. It's also easy to schedule reminders and ticklers. You want to strive for a "mind like water." Write everything down that you may want to do - even if it's far in the future and you may never do it. That way, you can relax knowing that you've captured everything there is to do. If you think you might want to take a trip to China some day, write it down. You can always assign it a very low priority so it doesn't show up on your "urgent" list when you look through your To Do list. When you write absolutely everything down, your mind is clear to concentrate on the task at hand. You can't give your full attention to any task if there's a part of you worrying about what else you should be doing (or what else you've forgotten to do). Include personal To Dos in your list as well. If you have your list in electronic format, you can always filter your personal tasks out if you're at the office at unable to work on them. Sit down and figure out where your time goes. Then decide what you're not getting done and make sure that activity gets onto your calendar. Use your calendar program to plan for "Professional Reading" or "Business Development." You may decide that you'll spend one hour on professional reading every other Thursday. With a calendar program, it's very easy to make one entry, and then create a recurring activity for that entry. You won't ever get to that professional reading unless it's scheduled on your calendar! Every lawyer I know wishes they had more time to spend with friends and family doing doings they really want to do. If you find you never have time for personal pursuits, it could be because they're not on your calendar! Try this - make a list of the major categories in your life. It might include things like Work, Family, Health (Exercise), Home (Repair, etc.), Spirituality, Finance, Education, etc. Next come up with some activities under each category that you wish you had time for. Now take a look at your calendar and slot some time for each category. Now go back and select specific things, by category, that will further your goal. For instance, you may decide that spending more time with family is important to you. Schedule one hour each Tuesday for family time. That hour might be spent researching a family
vacation, taking your spouse to dinner, spending one-on-one time with your son or daughter, or whatever. If you list personal To Dos by category (Family), it should only take a few seconds to pick something each week so you
MP:Ol The Top Ten Causes of Malpractice - and How You Can Avoid Them are furthering your personal goal of
devoting more time to family. If you find you never have time for something, it could be because it's not on your calendar! As mentioned, this also applies to office tasks, such as professional reading or reorganizing your office. Get and keep good staff. Good staff can make all the difference in your practice by greatly lightening your burden and allowing you to spend time doing things you should be doing. Get your clients to bond with staff. Have your staff meet new clients when then come into the office. This helps clients put a name with a face and make them feel more comfortable. If clients have bonded with staff, they are much more likely to call them for routine things (like copies of documents). Make sure your staff has the basic equipment they need. It doesn't have to necessarily be "state of the art." It should, however, be adequate for their needs. Also get them the training they need. They'll be more productive, your clients will be better served, and your staff will be more likely to stay around. While your staff shouldn't be giving legal advice to your clients, they may be able to provide copies of documents from the file, inform clients when documents have been received, etc. Hire outside help when it's appropriate. It is difficult to practice law, run a business, and find time for things like researching new case management software or security systems. Hiring a consultant can save you time, as well as help you to make better choices that will benefit you and your clients. Practice the lost art of delegation. Many lawyers are poor delegators, for a variety of reasons. Some don't delegate because they're afraid if they ask someone else to do something, that person will forget to do it. Another reason may be they're afraid that no one else can do it as well as they can. Yet another reason may be that it will take longer to explain to someone how to do it than it does to simply do it themselves. Or it may be that the task looks overwhelming and they're not sure where to start. If it looks overwhelming, break the tasks into specific projects and assign a time line to each sub-project. There is probably some part of the task that can be delegated to someone else, even if it is a phone call asking for the hours of a retail store. If you don't have a staff person to delegate to, consider hiring an outsider to handle the task. For instance, you may want to hire someone to prepare the bills, or assist you in researching new billing software. If you're afraid that someone else will forget to do a task you've delegated, try using the "to do" or "tasks" function of software programs. These allow you to go into detail about what needs to be done, assign each task a priority, assign a due date, and most importantly, assign the task to someone else. The tasks can be placed in categories according to the client name, type of project, or priority. The beauty of this is the task remains on your "to do" list, even though you've assigned it to someone else. You can then keep track of the progress. Even when they complete the task, it still remains on your list, but with a line drawn through it, until you remove it. Keep your office systems simple. Find a system you can live with, and then stick to it. Many systems work, but you have to keep up with them! State-of-the-art technology isn't the solution for everything. Know yourself, but be open to technology solutions. Use what you need, but don't use technology simply for technology's sake.
Lawyers are at greater risk than other occupations for depression, substance abuse and other ailments. Where can you get help? Call the bar association in your state or province. May bar associations have groups that work with lawyers. Also check with the ABA Commission on Lawyer Assistance Programs (CoLAP), which maintains a national clearinghouse on state and local assistance programs at www.abanet.org/legalservices/colap. Check out LawCare, where you can download excellent "how-to" materials on stress, depression, substance abuse, bereavement, and helping others manage stress at www.lawcare.org.uklfreedownloads.htm. LawCare is a confidential advisory service to help lawyers deal with the health issues and related emotional difficulties resulting from a stressful career as a lawyer. 4) Conflicts of Interest Conflicts of interest arise in a variety of ways. Every firm must establish stringent procedures for identifying and resolving situations in which unexpected conflicts arise. Here are a few helpful hints. Be wary of representing two parties at once, such as a divorcing couple, an estate and its beneficiaries, or a buyer and seller who "just want you to write the agreement." In an attempt to avoid dual representation problems, some attorneys will agree to represent one of the parties and document that the other has been advised to seek independent counsel. The non-client elects to proceed without representation. Unfortunately, your conversation with the unrepresented party can establish an unintended attorney/client relationship and undo the precautions taken. Exercise caution when considering whether to sue a former client. Do not assume that the passage of time magically transforms a current client into a past client for conflict purposes. Generally, the rule is "once a client, always a client," unless you can document otherwise. A letter of closure very effectively documents the termination of client status. Avoid joint representation in those potential conflict situations where there is real risk of an actual conflict. Remember Murphy's Law - more often than not, the actual conflict will arise. If the actual conflict is one that cannot be waived, then your only option is complete withdrawal from representation of all multiple parties. In other words, in a potential multiple party representation, if you're conflicted out for one potential client, you're conflicted out for all. If any potential conflict exists, seek permission from each affected client to disclose your representation and its effect on all clients, before accepting representation. Absent each affected client's permission, withdrawal is the only option. If you intend to engage in joint or multiple client representation, fully disclose to each of the multiple clients the potential and reasonably foreseeable conflicts of interest and their ramifications. Discuss how both potential and actual conflicts will affect your representation of all clients. Advise the multiple clients that on matters concerning the joint representation, there is no individual client confidentiality among the jointly represented parties. Advise each of your jointly represented clients to seek independent counsel's advice on whether they should agree to joint representation. Do not proceed with further representation until each of your multiple clients gives you his/her informed consent to joint representation. The client's informed consent must be in writing and needs to set forth the client's understanding of all ramifications of joint representation. If an actual conflict exists from the outset, strongly consider not proceeding with the joint representation unless you are certain that the multiple clients have received independent counsel regarding the prospective joint representation. Avoid becoming a director, officer or shareholder of a corporation while also acting as the corporation's lawyer. Do not accept stock in lieu of a cash fee, and never solicit other investors on behalf of a client's business.
Conflict checking systems are only as good as the people who use them. Use them rigorously and consistently, or they will be ineffective. Check and update your conflict database every time you consider a new case, no matter whether accepted or declined. Circulate new client/matter memos and return them promptly to the intake attorney. Make sure the memo affirmatively documents that all attorneys and staff have reviewed the memo for conflicts, and have indicated whether a potentially affected party consents to the representation. Finally, don't forget to review potential conflicts that might arise as a result of a merger between two firms or with lateral and staff hires. Yes, being rigorous, consistent and thorough with your conflict checking system is time consuming. Is it worth it? Take a moment to consider the jury appeal of attorneys agreeing to jointly represent clients with conflicted interests. Hopefully you see my point. 5) Poor Client Relations Law is much more than just the business of handling a legal matter for a client - it's a business of relationships. Clients want to hire lawyers who are competent, responsive, treat them with respect, and keep them informed. "My lawyer won't return my phone calls" and "I don't know what's going on with my case" are common complaints. Being competent in your practice isn't enough. The care and feeding of clients is also critical to a successful practice. Keeping clients satisfied provides a number of benefits: 1 - Practicing law will be more enjoyable 2 - You'll get more referrals 3 - You'll have less stress 4 - There will be less likelihood of being sued for malpractice Clients who like their lawyers are much less likely to sue for malpractice. "Friends don't sue friends." If you've bonded with clients, then later make a mistake, clients are much more likely to forgive you. An added benefit - studies prove that word-of-mouth is one of the best ways (if not THE best way) to attract new clients. Technology is a double-edged sword. On the one hand, it can help you to keep track of important deadlines, promises you've made, and tasks to be completed. On the other hand, it has created an unrealistic expectation of immediacy. Clients send you an e-mail, and then call back in 5 minutes to ask why you haven't responded. Add to this the added challenge that you can now be reached via fax, e-mail, voice mail, pager, phone, cell phone, and instant message. The number one complaint clients have is "my lawyer won't return my phone calls." One of my favorite business card had the tag phrase on the bottom "I return phone calls." Now there's a lawyer who knows what clients want!
Be prompt when you meet with clients. No one likes to be kept waiting. It should be no surprise that your clients hate to be kept waiting, too. Think back to the last time you visited your doctor's office. Keeping clients waiting shows a lack of respect for their time, and can lead them to think that you are disorganized. Keep all of your appointments in one place. Ideally, this is an electronic calendar of some sort - and then synch it with your laptop and/or hand-held device. In this way, you're less likely to over schedule your time. Check your calendar last thing before you leave your office at night, and again every morning when you first wake up. That way you're less likely to miss an appointment. Minimize interruptions when you are with clients. Don't take phone calls, read e-mails or do anything else when meeting with clients, or talking with them on the telephone. Clients are paying for your time, and they deserve your undivided attention. Again, make sure you haven't over scheduled yourself. Additionally, put your phone on "do not disturb" and turn off the annoying sounds that accompany new mail or reminders on your computer. Survey your clients to ask how you're doing. We tend to think that "no news is good news." Don't assume that because you don't hear any negative comments that everything is going well. Sometimes clients won't tell you what they think, but they will gladly tell their neighbors, family, friends and colleagues. Lawyers generally think that their clients have a favorable impression of them. Since so much business is referred via word-of-mouth, wouldn't you love to know how what your clients think of you, in time for you to do something about it? You may want to conduct an "exit" interview at the close of the case. Questions such as: "Was I accessible?" "Were the fees what you expected?" "Was the cost high, but acceptable?" "Was the cost too high for what you got?" "Did we communicate clearly?" "Did we turn the work product around as quickly as you wanted?" "Were we good listeners?" "Was our staff competent and courteous?" "Did you feel you had enough input into the strategy of the case (decision making?)" "Did your bills adequately describe the work done and the costs involved?" "Did you understand our fee agreement?" are just a few of questions you could incorporate. Check out www.zoomerang.comtoseehowsurveyscanbeconductedviatheInternet.It.s very simple. You draft your survey and put it on Zoomerang's site. Your client then goes to the unique URL and fills out the survey. You can include 1) Yes and No questions, 2) Multiple choice questions; and 3) Questions which require a text response. Zoomerang will even compile the results for you! It couldn't be easier. Keep your promises. Make a commitment to do something, and then do it! Clients will respect you more if you under promise and over produce. The only way to do that is to keep track of what you've promised you'll do and by when you've promised you'd do it. As we stressed earlier, learn to use the features of your practice management software - including "tasks" "to do lists" "reminders", etc. Have one point of entry for everything - ideally practice management software or something like Outlook. Write everything down when you think of it. Take one night each week to review everything you have to do (this was discussed earlier). If you have written everything down, and you review your lists regularly, you'll soon see that you won't have to apologize to clients nearly as often!
6) Substantive Legal Errors
A report entitled "Profile of Legal Malpractice Claims 2000-2003," published in 2005 by the American Bar Association Standing Committee on Lawyers' Professional Liability, provides a statistical analysis of claims data collected from various lawyer- owned and commercial insurance companies for the period January 1, 2000 through December 31, 2003. This report is full of data such as the percent of claims by area of law. In this area, personal injury plaintiff attorneys led the way accounting for 19.96% of the claims. A new group joining PI plaintiff attorneys in the list of top five practice areas of concern was personal injury defense attorneys who accounted for 9.96% ofthe claims. The report also provides data on claims by type of activity and by number of attorneys in the firm. The most troublesome activity was the preparation, filing and transmittal of documents, which accounted for 23.08% of the claims during this time. Firms
of 1 to 5 attorneys were responsible for 65.45% of all claims. Remember, however, that the majority of attorneys work in smaller firms, and so this figure does not reliably forecast whether there is more risk associated with smaller firms. Here, I would like to focus on the percentage of substantive claims that arose during the study period. As a risk manager, I am seriously concerned about the reported outcome and many attorneys respond with surprise upon learning the percentage. The percentage of substantive claims reported during this period was 47 .28%! This means that 47.28% of reported claims were due to failure to know the law, failure to properly apply the law, failure to know or ascertain the deadline, inadequate discovery, a conflict of interest, a planning error, or failure to understand or anticipate tax consequences, among others. My concern is over the difficulty risk managers have in addressing this problem through traditional risk management techniques. Substantive errors arise out of an attorney's abilities, not out of failed office procedures. A risk manager can help an attorney develop a more effective calendar system, or tighten up file documentation. However, it is far more difficult to discuss and address what in reality is often simply bad lawyering. That said, here are a few suggestions that, if taken to heart, can help reduce the risk of substantive claims. The first practice tip is one that you probably have heard repeatedly - don't dabble. Truly, there is no such thing as a "simple will" or "simple contract." What first appears as a simple contract in reality may be a trap for the unwary, because the attorney may not be aware of a unique and not widely know local law that significantly affects the contract's terms. Sometimes work appears simple when it is not, simply because the attorney doesn't know what questions to ask. Stated another way, always remember that we don't know what we don't know and therein lies the problem. If the work your client requests is beyond you comfort zone or outside of the areas in which you regularly practice, don't accept it. If you feel you must accept it, then be sure to seek guidance from an attorney knowledgeable in the practice area to ensure that you have adequately addressed the client's matter. Prioritize CLE for all members of the firm. Far too often attorneys attend CLE at the last minute, taking whatever program is available regardless of whether the program applies to the attorney's practice. In addition, it is not uncommon to see attorneys doing something other than staying focused on the CLE presentation, or even spending the bulk of the event outside of the meeting room. With alternative formats such as videos, teleconferences and web presentations, the attorney is even freer to pay only half-hearted attention to the presentation since it is so easy to work on something else during the CLE. The best approach to CLEs is as follows. Take CLE that is appropriate for your practice area. Seek out quality programs and get as much from the experience as possible by listening attentively, asking questions and reading the supplemental materials after the program has ended. Further, don't overlook educational opportunities that focus on research or legal writing skills. Implement a peer review program that seeks to randomly select a few files of every attorney at the firm for review at least once a year. This is not meant to be a critical audit or a performance evaluation. This is about quality control. The review should focus on the entire course of representation. To "pass" the review, the file should document the conflicts check, the accurate entry of critical dates, client decisions, client communication and client satisfaction. There should be an engagement letter and a letter of closure. The file should be reviewed for timeliness of work, work product, billing decisions and procedural choices. The firm should not be looking for mistakes to criticize, but rather seeking to identify ways in which to improve representation or service in order to provide higher quality representation and service to the next client. A secondary benefit of this process will be that the firm may get a "heads up" warning as to a developing impairment with one of the attorneys such as neglecting a file due to depression, burnout or a dependency problem. Now for a few one-line tips. Verify the credentials of all new hires. decisions. You will share in the responsibility for the consequences of their
Remember that friends and family members do sue so don't agree to do a favor if you are not fully prepared to follow up in a timely and responsible fashion. Prioritize personal time, be it with family, friends or in other activities, so that you remain fresh and sharp professionally. Listen and seek appropriate help if ever a friend, professional colleague or family member raises concerns about your possibly being impaired, regardless of whether it's depression, an addiction, or anything else. Maintain appropriate burnout or worse. workloads, as a sixty-hour workweek for fifty-two weeks a year will eventually lead to
Consider the possibility that when you say "no" to certain work this does not necessarily ever will come through the door. Finally, keep in mind that bad news doesn't get better with occurred, deal with it immediately. Inform your malpractice carrier and let the client know. can be mitigated and sometimes the mistake can be corrected, but things only get worse if you repair. Most problems do not go away on their own, no matter how much we want them to. 7) Ineffective Client Screening
mean that no new work time. If a mistake has Sometimes the damage miss an opportunity for
"Problem" clients can be a nightmare. We all hate to turn work away, yet sometimes that is exactly what you should do. Listen to your gut instinct. If you meet with a potential client, and they spend a lot of time discussing their "cause" - pay close attention. You may be able to help them to probate a will, avoid jail time, or draft a great contract. Rarely will you be able to help them with their "cause." Listen for clients who listen. If they don't listen to you in the beginning, they probably won't listen to in as the case progresses. Clients such as these can develop "selecting hearing." They only hear what they want to hear. Explain that in order for their legal matter to come to a successful conclusion, they need to do their part, too. Clients tend to want to come into the office and drop their problems into your lap to solve. Help them to understand that this is a partnership. They may need to help you provide answers to interrogatories, compile receipts for purchases, etc. Avoid clients who are dishonest, or leave out important facts. This only comes back to bite them (and you) in the end. Be careful when they have gone through a number of lawyers before they come to you. This can be a definite red flag. Be sure to ask them if they have been represented before, and what happened to cause that relationship to end. Every time you talk with a potential client, whether on the phone or in person, get their name, their address and phone number, and the general nature of their case. If they won't give you their address, they're probably shopping and aren't ready to hire you anyway. To protect yourself, you must have their name and address so you can follow up with a non-engagement letter if you decide not to accept their case. You never want to put yourself in a situation where you get a phone call from someone claiming they spoke with you about their case "awhile ago" and asking you what you're going to do now that the statute of limitations is expiring next week. If you have been careful to draft non-engagement letters as you go along, this will go a long way to covering your ass(ets). Set the stage for a good working relationship. Talk about money before it's an issue. Explain your timekeeping and billing procedures. Discuss the client's expectations and yours in the initial client interview. Ask them what result they are looking for and what they realistically expect will happen. In the event they don't get everything they want, ask them what they can live with. They may not volunteer that they think their case is worth a million dollars, when you know it's
not worth more than $200,000. Keep a written record of their responses so everyone in your office has access to it. Ask them about potential "skeletons" in their closet. "Even if you think they are untrue, what statements might the other side make that would harm your case?" Keep this in a field in your practice management software so you can refer to it when appropriate. Ask them what method of communication they prefer - fax, phone, e-mail, etc. and the easiest way to reach them. Make sure clients can pay your bill. Unless you're willing to do what I call "inadvertent pro bono work" screen clients to be sure they can pay. Money is often a source of difficulty. Ask for a retainer up front, and make sure they understand that they must keep it replenished. 8) A Malpractice Counterclaim in Response to a Suit for Fees Fee disputes are at the heart of a significant percentage of all legal malpractice claims. Typically, a delinquency develops, the attorney sues, and then she is countersued for legal malpractice. Attorneys who have effective billing and collection practices avoid the necessity of considering fee collection suits, and thus have a reduced risk of a malpractice claim. Here are a few tips that can help prevent a delinquency. Don't accept clients who cannot afford your services. This always will be a losing proposition, because the client will be unable to pay the bill. Determine the client's ability to pay for the services before you take the case. You must have a thorough discussion about the fee. It's not enough to simply state that your hourly rate is $175, because that figure is meaningless without an estimate of the number of hours involved. Once you start representing a client, it is hard to be excused from your duty to represent that client. Far too often, the lack of thorough client communication on fees and estimates causes the lawyer to become tom between working the required number of hours and minimizing costs. Learn to identify and say no to prospective clients who do not have the ability to pay. Have a written fee agreement for all new clients and all new matters. The fee agreement need not always be a three-page contract. For repeat work, a simple "thanks for stopping by" letter may sufficiently establish that your client understands the fee agreement. Your fee agreement should clarify the scope of representation and your fee structure. Scope restrictions should be detailed particularly in situations where you are unbundling your services. Where appropriate, be specific regarding the types of out-of-pocket expenses for which the client will be responsible - such as filing fees, court costs, expert witness fees, photocopy charges, computer research, long distance calls, etc. If possible, estimate what those expenses might be. Clients often are astonished by the amount of out-of-pocket expenses incurred on their behalf. Never let anyone record a time entry or expense for any person or entity before accepting that person as a client, and accepting that person's issues or needs as a new matter. This step helps prevent unintentional creation of attorney/client relationships and the inadvertent creation of conflicts. Always bill monthly unless the client has specified otherwise. Avoid billing the client at the project's completion unless the total cost of the representation has been agreed in advance. The key to billing is to send bills and collect fees on a regular basis in order to avoid large, unexpected bills. It is never a good idea to make your firm's new fee structure apply to an existing matter that was opened under a prior fee structure. If you undervalue your work, that is your responsibility. We often find that fee disputes follow shortly behind the conclusion of a matter in which a firm tries to make its fee increases retroactive to existing open matters. Such fee disputes are not a guaranteed win for the attorney. Provide detail in your billing statements. The billing statements should describe the work performed on a daily basis, who performed it and how long it took. An entry such as 20 hours for "research" is unacceptable. Rather, the entry should read something like, "research state case law on piercing the corporate veil." The attorney responsible for the case or matter should review each bill for errors before mailing that bill to the client.
Copy the client on all correspondence and other materials relating to the client's matter. These blind copies not only show your client that you want to keep him informed, they also serve indirectly as informal status reports. Ask yourself which client is more likely to pay the monthly bill: the client who hasn't received a single sheet of paper from the attorney in three months, or the one who regularly receives informational copies from his attorney? If you typically have difficulty collecting fees, try collecting a retainer at the start of a new matter. If the retainer causes the prospective client to takes his business elsewhere, he probably is not a client worth having. Remember that a retainer is usually considered an advance payment, and thus is fully refundable (minus what may have been earned for work started or costs advanced) if the client decides to take his business elsewhere. Non-refundable retainers usually only work if the retainer's purpose truly is to have you available "on call" for legal services. Take prompt action on accounts in arrears. This is the single biggest mistake that attorneys make with respect to fee disputes. Often the client who can't pay your fee today isn't likely to pay it tomorrow, and the bill doesn't get smaller or easier to collect over time. In addition, many attorneys are surprised to learn that there are resources that discuss ways for a client to reduce the cost of legal services. One of the advised cost saving techniques tells individuals to delay paying their legal bills for as long as possible, because it's almost standard practice for an attorney to discount delinquent bills and that advice usually is accurate! So, you should be aware that some clients intentionally withhold payment in order to force a fee discount. Require timely bill payment, and withdraw if necessary. You deserve to be paid for your services if a delinquency is brewing, the attorney must act by speaking personally to the client within the first ninety days. You will have far more success with personal phone calls asking for payment than you will with letters from the accounting department, or with collection calls made by members of your staff. At the very least, you will have made a good faith effort to collect the fee, and you might even learn about the client's dissatisfaction (if any) with your work. Sometimes, regardless of effective collection practices, a significant delinquency develops and the possibility of suing to recover the fee is considered. While malpractice insurance carriers and risk managers will always advise you to never sue for a fee, some firms will still make to decision to proceed. In the interest of reducing the likelihood of a malpractice counterclaim, here are a few tips to keep in mind when considering this option. Have someone other than the attorney responsible for the file make the final decision as to whether to sue because once a client is in your pocket for a significant sum, it is nearly impossible to be objective about the decision. This independent attorney - either one in the office who has had no relationship with the file or a member of the bar who does collections work - should review the case to assure that there are no facets of the work that could be questioned and that the client's matter was handled with the utmost diligence. Don't make a decision to sue for fees based upon the following rationalization: "I did good work, I got a good result and I deserve to be paid." Instead, make a determination as to the client's ability to pay and if the client does not have the financial wherewithal to do so, walk away. Don't handle the fee suit yourself. Avail yourself of the objectivity of an experienced attorney whose goal is to protect your interests and remain objective throughout. This depersonalizes the matter for both sides and will reduces the likelihood of a counterclaim. These suggestions are not meant to be the final word on effective collection practices. Following them will also not guarantee that you never will have a fee dispute. However, if you simply ignore these rules, you may very well give a disgruntled or unscrupulous client the opportunity to take a shot at your malpractice insurance coverage (via countersuit) once you have filed a fee collection suit. Play it safe - don't give them that opportunity.
9) Inadequate Documentation of Work Document everything you do. Send a letter or make a note every time you ask for something. That way, there's a paper trail and you can cover yourself. It eliminates misunderstandings and it covers you in case there is a problem later. It may seem like an inconvenience, but you'll be glad in the long run. Something as simple as "This letter confirms that ..." "Paper" your clients. Generally, send a copy of everything to the client. That way they know you're working for them. It will help to eliminate calls from clients who are simply checking on the status of their case. As mentioned earlier, clients want to be kept informed. Don't wait for them to call and ask how things are progressing. Regularly send copies of relevant documents to your client. Respond to e-mails with an "I'll check on this tomorrow" - or "I'm waiting to hear back from John Smith." You may not have the answer yet, but the client knows you're on top of it, and you're making progress. Create a simple "plain vanilla" transmittal letter that can be generated automatically. By using document assembly programs, or practice management software, you can easily and quickly draft a letter (or e-mail) that you can use to transmit copies of documents, pleadings, etc. The client will be much happier to pay the bill if they know you've been working hard for them. Confirm advice in writing. Whenever you give your clients advice they choose not to follow, get it in writing! To protect yourself, you may even want them to sign a copy of the letter outlining the situation and keep it in the file virtually forever. True story - a judge in Colorado Springs had a criminal defense practice before he sat on the bench. He represented a bad guy in a criminal matter. Later, he contacted his client and explained that he could have the conviction expunged. The client declined (maybe to save money and time). Later, Colorado institutes the "Three Strikes and You're Out Rule." Now, of course, the former client wishes he had taken his lawyer's advice and cleared the first offense from his record. The former client went after his lawyer (who was now the sitting judge). Fortunately, the judge had kept an original, signed copy of a letter to the client along the lines of "I advised you that I could do the work necessary to remove this offense from your record. You declined." - It was signed, and dated, and undoubtedly saved the judge a lot of time and worry. Make sure your bills properly reflect the work you've done, and the time you've spent. Some states (Colorado is one) do not allow for "nonrefundable retainers." The client has a right to fire you, and if their matter is still in progress, you may have to prove what you've done and how much time you've spent in order to get paid. Even if you do contingency fee work, it's still a good idea to keep track of your time. Develop and implement a file retention program. Make sure the client knows what happens to their file at the end of the representation. Be consistent between clients and files. You don't want to have to answer why the Smith file (with which there was a problem) has been completely destroyed, but the Jones file (same time frame and type of case) is still intact. Inevitably, there will be a problem surface with the Smith file and it will look like you deliberately shredded evidence of a problem. The bottom line is, good practice management practices will help you get more clients, have more fun practicing law, make more money, spend more time on important pursuits, and help you sleep better at night!! 10) Coming Technology Traps Computers are wonderful tools. Their use allows law firms to be far more efficient than they would be without such tools. That said, computers, or more properly, how computers are used can create exposure for a law firm. The following are two technology traps to be aware of and information on how to avoid them.
Metadata Metadata in and of itself is not generally a problem as long as electronic documents stay within a law firm. In fact, metadata can be quite useful to individuals who are collaborating on a document. Problems can arise, however, once electronic documents are sent outside a firm. In case you are unfamiliar with the term metadata, it is extraneous information about an electronic document that remains attached to the document. Unfortunately, metadata is not always visible, and thus it is easy to overlook. As an example, metadata tracked with a document created in Microsoft Office (note: metadata is not unique to Microsoft products) includes your name and initials and the names of your company or organization, your computer, and your network server or hard disk on which you saved the document. In addition to this tracking information, metadata also includes other file properties and summary information, non visible portions of Object Linking and Embedding (OLE) objects, the names of previous document authors, document revisions, document versions, template information, hidden text, comments, macros, hyperlinks and routing information. This kind of information, once outside of a law firm, could be problematic. You might be unintentionally sharing confidential information. Perhaps your true bottom line in a settlement is discovered from a document edit history that has been restored after sharing a document with opposing counsel. There are products available that will assist in the removal of metadata from documents prior to sending. Understand, however, that a perfect or total solution to the metadata problem does not exist. Metadata is useful and often necessary internally. A solution that completely removes metadata will significantly reduce productivity. The benefit of using metadata removal programs is that they allow you to create a "clean" version of a document that is separate from the original. Caution is in order; however, you must remember to pay attention when selecting which electronic file to send out. Finally, for those of you using Microsoft Office 2003/XP, an add-in is available that will enable you to remove permanently hidden and collaboration data, such as change tracking and comments, from Microsoft Word, Microsoft Excel, and Microsoft PowerPoint files. More information is available at: Listed below are several companies and their metadata removal product name. This list is intended not to serve as an endorsement of any product. It is simply a starting place in researching metadata removal solutions to meet the needs of your law firm. If you are not already addressing the issue of metadata removal, now is the time to begin. Esquire Innovations: iScrub Kraft Kennedy & Lesser: ezClean Payne Consulting Group: Metadata Assistant SoftWise: Out-of-Sight Delete is not Delete Deleted files don't go anywhere once deleted. Unless deleted files are appropriately overwritten, they remain available for possible discovery. This could be disastrous for a law firm. At the end of the day all network users must abide by a simple rule while on the firm's network or using any computer that might touch the firm's network such as a Blackberry, PDA, laptop, or home computer that is used for business even on a limited basis. Again, the information on any of this hardware is potentially discoverable in a malpractice claim. The rule is this. If you are not comfortable having a personal or work related email read by a jury, an electronic note to a file read by the client, or your personal browsing history known publicly don't write the email or note and don't visit
the Internet site. Clients have obtained copies of email that should not have been written, juries have been presented with incriminating email, and careers have been ruined once personal Internet browsing habits became known publicly. For all practical purposes, users are recording everything that they do on a computer and erasing the record once created can be extremely difficult. Worse yet, electronic erases leave their own record of events. Responsible use of technology is the safe play. Portable Storage Devices Portable storage devices are here to stay; however, there is a downside to their use. Given the ever-increasing proliferation of these products, their rapidly growing storage capabilities coupled with their ever-shrinking size, the time has come to address the security concerns these devices create. Do not take this concern lightly. Portable storage devices can be a real threat and this isn't just about losing one that had confidential client information on it. A greater concern is over the ability these devices give someone to covertly introduce programs and/or files to, or to remove them from, the network. Now, I'll admit that the covert introduction of programs to the network is not as serious a concern if the computer network is appropriately secured. While a program could be introduced behind the firewall, the security programs running on the network will in most instances catch the intentional or unintentional installation of a virus or other malware. The real concern for is the unauthorized and covert removal of files. Think how easy it would be for a disgruntled employee to download files to an iPod Nano and slip it into a pocket and walk out the door. What if someone offered to pay an employee for copies of electronic files? How would you ever know the data had been stolen? When you consider that the new iPod, just as one example, has a 60-gigabyte drive, the amount of data that could be copied and taken is quite large. One approach of addressing the concern would be to consider banning or restricting the use of portable storage devices through a written policy. Established guidelines enable you to defme what is appropriate and not appropriate in terms of what types of devices are acceptable and when or how they may be used. This would also allow you to establish a security policy that might mandate using only devices that are password protected and/or encrypted, require that only devices provided by the firm may be used in the office and that the devices must be signed in and out. While it is possible to disable USB ports on some or all PCs within a firm or to restrict the use of portable storage devices to a read-only format, such steps are in most instances possible only through the use of third-party software. Fortunately, the number of products coming to market are increasing and getting better in terms of options and capabilities. My best advice, if you wish to go beyond just establishing a policy, is that you discuss the issues with your IT consultant and learn what your options are. Stolen Laptops What information would be compromised if your laptop were stolen? Would client confidences such as a pending merger, social security numbers or financial information be revealed? What about your own office passwords, dial in numbers, or network IP addressing schemes? If that's not enough, what about all your personal information such as passwords, user names, personal files, credit card numbers and who knows what. The list could go on and on. A lost or stolen laptop could be disastrous, particularly if sensitive files were not encrypted which is so often the case. There is still one line of defense that could be deployed to try to mitigate the damage after the laptop is gone. Stealth software programs are available that enable a tracking center to locate your laptop (once reported as missing) whenever the missing laptop is connected to the Internet. In short, these companies work with the authorities and Internet service providers to track and recover your laptop. A few programs also allow you to retake control of your data even though the
laptop is no longer in your possession. You are thus able to remotely recover, delete or encrypt sensitive files while rendering the missing computer useless by locking the keyboard and mouse. If a lost laptop would be a nightmare for you, consider using this line of defense. The costs are reasonable. Several companies worth considering are listed below: zTrace Technologies at www.ztrace.com Absolute Software at www.absolute.com Stealth Signal at www.stealthsignal.com Given the number oflaptops reported stolen each year, I would consider this money well spent if your laptop contains any sensitive information at all. A call to inform your client that your laptop was stolen and the client files were not encrypted is a call I would not want to make. This approach might make that call a little easier should the worst happen.
TECHSHO\Nq?;
200 6
Life Is Complex and Uncertain

By Otto Sorts I Mar.07.12
I A Curmudgeon's
Perspective, Daily Dispatch, Management, Skills
Everybody's talking about project management for lawyers these days. And I think it's about damn time! Early in my law career, I had a conversation with a client that convinced me of its merits. He was quite a bit older than me, and had originally trained as an engineer. After we discussed his complaint and shifted to focus on the arrangements, he asked for a schedule. I began my usual uncomfortable explanation about the vagaries of the process and the complex nature of litigation, how it depended on the judge, opposing counsel and other uncertainties in the case. After a long silence, he shook his head, looked me in the eye and said, "Son, that's just plain bullshit. Life itself is complex and uncertain, but we live it every day, anyway." Then he took me to school on how to think about the work to create a rough schedule-and project.
"It's Called Project Management!"
manage the damn
There was nothing surprising about his approach. But with the benefit of his engineering brain, he was able to explain it with a clarity that's stayed with me ever since. It's a simple logic flow that characterizes the variables and unknowns in a way that makes them manageable. Here are the steps he laid out for me. 1. Define the project. What exactly is the problem and what are the possible end points? This is where you can be upfront with your client about the merits of the case, the attractiveness of settlement and potential unintended consequences. 2. Identify steps. What do you have to do to go from the beginning to the end point. If there are several likely paths, define the steps for each. I learned that most of the steps for each option are similar if not identical. Knowing this makes the entire project less overwhelming and complex, and allows you to focus on a clear set of tasks. 3. Find the connections. How do the tasks interconnect? Must some be completed before others start, or can some tasks be performed simultaneously? How many have a hard deadline that must be met? 4. What do you need to know? Identify the information you need to complete each task. How are you going to get that information and what resources will be required? Are there optional ways to get it that should be considered? This information can be sketchy at the beginning, but having more detail will become critical as the matter progresses. 5. Eyeball it. Now, look at each task and eyeball what level of effort it represents, who needs to do it and how long it will take. Rely on your experience, or ask others, to estimate the time and effort. Keeping an eye on any hard dates, lay this out and overlay onto a calendar. This can show you where you need more people to work on a given task. It can also show you where the schedule is clearly impossible-and in this case, yes, it's back to the drawing board. 6. Repeat periodically. As the case progresses, update your schedule or level of effort for tasks based on new information, resolution of uncertainties and the current status of the various tasks. This may help to avoid crises, or at least let you plan ahead for vacation time.
So, now you have a rough schedule that includes an approximation of level of effort, which is handy to estimate cost and what staff or outside services you may require. This is the baseline against which you can assess at uncertainties and measure progress as the matter moves along. And, when it blows up, as it inevitably will, you can mark up this plan and try again. You did it in pencil, right? Otto Strange has been reading law since before Martindale met Hubbell. Of Counsel at a large corporate firm that prefers to remain anonymous, Otto is a respected attorney and champion of the grand tradition of the law. He is, however, suspicious of "new-fangled" management ideas and anyone who calls the profession the legal "industry. " When he gets really cranky about something he blogs at Attorney at Work.
NEW NEIGHBORS PROGRAM AFFORDABILITY ANALYSIS WORKSHEET

Date:
Borrower Name:
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B. Estimated Rehab C. Total Project Cost (A + B) D. MSHA's Loan (up to 60% of Total Project Cost) ~ Portion of MSHA's loan which is rehab, (PPI max. $15,OOO)ia'V E. Lender's Loan (up to 40% of Total Project Cost) Portion of Lender's loan which is rehabilitation ~ "'~ 3/,.t?e?I V . $~ ..
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Monthly Payments:
MAINE STATE HOUSING AUTHORITY ",.
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NEW NEIGHBORS' PROGRAM FUNDS RESERVATION FORM

I. RESERVATION (fax to MSHA) ... ame of Lender: N Lender Contact: Borrower's Name: Co-Borrower's Name: Total Persons In . Household: Date of Application: Property Type: Property Address: Family Bank (d/b/a
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Q Over Purchase Price
Date:
Nam~ Title:
LENDER
1:\ USERS\COMMON\FQRMS\MSHANNFR.DOC HMI'31A..Q90198
NEW NEIGHBORS PROGRAM AFFORDABILITY ANALYSIS WORKSHEET

Date: Property Address: Number of units:?_
BorrowwName:
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applied to the principal; If positive, this amount must be paid by the borrower.) Monthly Payments: MSHA . Lender City Taxes Insurance . Less 75% of gross rents (if applicable) Total Payment Income to Debt Ratios: Income to P1TI---!==_% and Income to Total Debt:_~:!::=L=~
HMP-31-090198
MERRILL MERCHANTS BANK MORTGAGE PRE-QUALIFICATION
AND ANALYSIS
This is not an oJJlcialmortgage disclosure. It is meant to provide an

an estimate of mortgage amounts, payments, fees & charges as a prequallflcat'on tool only.
NAME ADDRESS PHONE BANK CONTACT PERSON PHONE
1WIl.AWOLF
KATHY M. CROSSMAN,AVP 20.7(990.)4013
CURRENT EMPLOYMENT & INCOME APPLICANT EMPLOYERNAME NONE/SSI & SSD ADDRESS # OF YEARS EMPL. INCOME (GROSS !MONTH) $530..0.0. ANNUAL INCOME MAXIMUM DEBT/lNCOME RATIOS: HOUSING RATIO .28% OF TOTAL INCOME TOTAL DEBT RATIO .36%OFTOTALINCOME~/ CURRENT PAYMENTS: ACCOUNT NAMEJ ~~~,",LOAN SPIEGAL .
t-~' ..... ~~
$646.60. $7,759.20. $181.0.5 ~
BALANCE PAYMENT ~10' $4,885.0.0. ~ii:'~ $0..0.0.
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T TAL DEBT PAYMENT: 36% RATIO ALLOWANCE DEBT PAYMENT ABOVE:
;::... $65.10.
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$167.68 $167.68 $134.00 $35.00 $0.0.0 ($1.32)
FUNDS FOR MORTGAGE PAYMENT LESSTAXES LESSINSURANCE LESSPRIVATE MTG INS FUNDS FOR MORTGAGE PAYMENT
7.0.500.% 8.5000% RATE 360 MONTHS 360 MONTHS TERM $51,70.0.00 ESTIMATED PURCHASE PRICE $20.,680..0.0 $31,0.20..00 ESTIMATEDMORTGAGE AMOUNT: $159.74 $20.7.42 ESTIMATEDPRINCIPAL & INTEREST PYMT. ESTIMATEDMONTHLY TAXES ESTIMATEDMONTHLY HOME OWNERS ESTIMATED PAYMENT FOR CIlY LOAN 0. . ~;3 TOTALMONTHLYPAYMENT g c...) ~ LESS75% OF GROSS RENTAL INCOME 460. 345 ~ FINAL MONTHLY PAYMENT BASED ON NEW NEIGHBORS FORMULA:
MERRILL MERCHANTS BANK MORTGAGE PRE.QUALIFICATION AND ANALYSIS PG. 2

This is not an official mortgage disclosure. It Is meant to provide an an estimate of mortgage amounts, payments, fees & charges as a prequallftcation tool only.
NAME BANK CONTACT PERSON KATHY M. CROSSMAN,AVP
ACTIJAL DEBT RATIO: HOUSING RATIO TOTAL RATIO ESTIMATED CLOSING COSTS: POINTS 3 APPRAISALFEE CREDIT REPORT SETILEMENT FEE ATIORNEY FEE TITLE SEARCH RECORDING FEES STATE TAX 2.20ffHOUS. SURVEY INSPECTION FLOOD CERTIFICATION PROCESSINGFEE OTHER TOTAL EST. CLOSING COSTS ESTIMATED PREPAID ITEMS INTERIM INTEREST 31 DAYS HAZARD ESCROW 2 MONTH TAX ESCROW 2 MONTH HOMEOWNERS INS. - THIS YEAR TOTAL PREPAID ITEMS DOWN PAYMENT 0.00%
33.85% MAX 33% 43.92% MAX 38%
$930.60 $275.00 $50.00 $300.00 $350.00 $165.48 $60.00 $113.74 $200.00 $75.00 $19.00 $0.00 $2,538.82 $185.74 149.29
335.03 $70.00 $268.00 $420.00 $1,093.03 $0.00
TOTAL OF DOWN PAYMENT, CLOSING COSTS & PREPAID POINTSPAID BY SEllER LESSMSHA PORTION (2% OF LOAN) NEEDED FROM BORROWER
$3,631.85 ($930.60) ($620.40) $2,080.85 MUST MEET MINIMUM OF $750.00
2. Non-first-time Homebuyers are defined as those persons who have had an ownership interest in their Principal Residence within the past three years, but no longer own or occupy the property at the time of Application. B. Income Limits An Applicant will be eligible for a New Neighbors Mortgage Loan if at the time of Application the verified Gross Income of the Applicant(s) and any Co-Head of Household is within the limit or limits establisbed for the New Neighbors Program. These limits are 120% of area media income for 1- to 2-person households and 140% of area media income for 3 or more person households. These limits may be found in Appendix B and are subject to change from time to time. Any changes in the limits will be conveyed by written notification. The Applicant's net worth cannot exceed $50,000. See Section 2.5. Borrowers must oCC'.Ipy property as their Principal Residence within 60 the days of closing. In the case of 2- to 4-unit Dwellings, the Borrower is required to occupy one unit. See Section 2.2 and Section 3.11,A. Lenders will adhere to Chapters 2 and 3 in Underwriting Fannie Mae's Community Lending Products handbook for MSHA's, the Lender's and the city's portion of each New Neighbors Loan. Allowable debt to income._. ratic;>s ;~.33% mongage debt and 38% total debt Rental income will be a SCUlated by subtracting 75% of the gross monthly rent from the PITI. Mortgage insw::mceis not required since both Mortgages will have a loanto-value ratio of less than 70%. Depending upon their income, applicants must be able to provide, at a minim~ the following cash contribution as outljaed below. Gifts are allowed!however, the amount may not be borrowed: l\!l pre-paid items are it!cluded when determining the BorrOWCl"s casb Qontciburion This outline provides only a minimum, as borrowers may be required to contribute an amount greater than the minimum contribution listed. Please see Appendix B for the chart on income and the minimum cash contnbution. Existing one-, 1tWO-, three- and four-unit Dwellings and Condominiums located in HUD's targeted areas and other designated areas, as determined by local Community Development offices, are eligible for financing under the New Neighbors Program. Appendix C provides lists of the eligtble street addresses that are located in these designated areas. Appraisals must be perfonned subject. to repairs being complete. Appraisers are encouraged to use "comps" located in neighborhoods outside the depressed areas, similar to HUD's 203K guidelines. No more than 10% of the square footage of the Residence may be used for trade or business, Rental of units in a 2- to 4-unit Dwelling is excluded from the commercial use limitation. See Section 3.3. Properties acquired and rehabbed must meet HUD's Housing Quality Standards and all municipal and/or local codes. Rehabilitation must begin Purchase Program Procedural Guide 010199 Page 612
C. D.
NetWorth Principal Residence
E.
Underwriting Guidelines
F.
Mortgage Insurance
G.
Minimum Cash Contributions
H.
Eligible Properties
I.
Appraisal Guidelines
J.
Commercial Use Limit
K.
Required Repairs
IIIIII-IA
.ome
determined amount of money is made available to employees which can be spent on various benefit plan options. The employee can also choose to take cash instead of benefits. Any amount taken in cash would be considered as additional income. This method for providing employer-paid benefits differs from the "flesible spending accounts" offered by some employers, in which the employee elects to defer some salary into an account pre-tax and later withdraws the funds for eligible payments such as child care or medical bills not covered by insurance. These are not employer-paid benefits, and no reduction in income should be made for such account~.
G
2. 3. 4. 5.
Anticipated Rental Income. Gross Income does not include anticipated income from rental units' in a two- to four-unit Eligible Residence which the Applicant(s) proposes as security for the Mortgage Loan. Foster Parent Payments. Gross Income does not include amounts received from the State for the care of one or more persons who are under eighteen years of age, are wards of the State, and were placed in the household by the State. '. Dependent Students Who lue 18 Years or Older. Income earned by dependents who are full-time students is not included in the income eligibility calculation. Educational Scholarships. Gross Income does not include any amounts received as a scholarship or fellowship grant used for tuition, fees, books, supplies or equipment required for enrollment or attendance in courses for a degree at an eligible educational organization. An educational organization is eligible if it normally maintains a regular faculty, curriculum, and has a regularly enrolled body of students in attendance. Medical Cost and Work-Related Reimbursements. Gross Income excludes any insurance payments for personal injuries or sickness that are paid as reimbursement for medical expenses, except in the case of amounts attributable to deductions allowed for medical expenses for any prior tax year. Gross Income excludes amounts paid by an employer as direct reimbursement for travel or other work-related expenses. Lump-Sum Income. Gross Income does not include temporary, nonrecurring or sporadic amounts, such as:
It
6.
7.
casual, sporadic or irregular gifts; lump-sum additions to assets, such' as inheritances, insurance payments, capital gains, or settlement for personal or property losses; hazardous duty pay to a member of the Armed Forces away from home and exposed to hostile fire; or lump-sum payments caused by delays in processing periodic benefits.such as welfare, unemployment and social security. Page 209
III!IitI A
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Purchase Program Procedural Guide 090198
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$ $,--~~~$
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F. City's Loan G. Closing Costs H. Less Borrower ContributionIDownpayments I. Less 2% MSHA's Closing Cost Assistance (Happlicable) J. Amount remaining G minus H. I. '
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(To prevent cash back to the borrower at closing ~If 'J'" ~negative amoulrt;thi . amO'~nt must be applied to the principal; If posHlve, this amount l11uat be paid by the borrower.) Monthly Payments: MSHA l/.6'o"{, Lender t; '$To "(. City Taxes Insurance Less 50% of gross rents (if applicable) Total Payment '
Incorneto Debt Ratios:' Income to PITI '.
HMP-31-100199
,
I
DEFENDANT'S
Fs
~ 12108/2000
What you have to ask yourself is how does the supposed HUD-l settlement before you allegedly executed the
4th
of December of
2000 bear the correction that was an internal notation on the
s"
of December 2000 four days after closing. This is speaking of a single HUD-l settlement sheet. If there were two and one was incorrect this would have spoken of the X number of settlement sheets and the correction is being internally notated and applied
to which document it was that was wrong instead the letter notes that a single settlement TwilaAWolf 44 Patten St Bangor. ME 04401 SO HOW DO WE HAVE ONE CORRECT AND ONE NOT? '----~ sheet is wrong and is being internally
corrected as a notation in the file.
Dear Borrower, A review of the documentation for th

04401- 12/04/2000 indicates that an in
Settlement Statement. The corrections
finance of 44 Patten St, Bangor, ME rror was made on your HUD-l below.
Loan type box reads Conv. Ins.
Loan type box should read Cony. Unlns.
This communication is for redisclosure purposes only and does not require any action on your part. We make every effort to insure that our closing documentation is correct and regret any inconvenience this matter may have caused.
If you have any questions, please contact me immediately at 207-755-4384. Your cooperation is greatly appreciated. Yours truly
Shannon David
Compliance Specialist First Massachusetts Bank, N. A.
I,
12108/2000
Twila A Wolf 44 Patten St Bangor, ME 04401
Dear Borrower, A review of the documentation for the purchase/refinance of 44 Patten St, Bangor, ME 04401- 12/04/2000 indicates that an inadvertent error was made on your HUD-l Settlement Statement. The corrections are listed below.
Item #
Description/Provlder Loan type box reads Conv. Ins.
Amount
Item #
DescriptionJProvider Loan type box should read Conv. Unlns.
Amount
This communication is for redisclosure purposes only and does not require any action on your part. We make every effort to insure that our closing documentation is correct and regret any inconvenience this matter may have caused.
If you have any questions, please contact me immediately at 207-755-4384. Your cooperation is greatly appreciated. Yours truly
Shannon David
Compliance Specialist First Massachusetts Bank, N. A.
_.
--.-~
-------------------------------~1~;'------~-----------------------------, 'iii...t--=;-=:-A. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 10FHA 20FmHA
..;:B~.=_T':.....:.."',;>OF --"--(" LOAN:
,J~-VLv~
3. OCONV.
SETTLEMENT STATEMENT
C. NOTE:
6. FILE NUMBER: WOLFMSHA 8. MORTGAGE INS CASE NUMBER:
UNINS. 4. [lVA 17. LOAN NUMJER' 5000067700
!.ri-tt"&i:
iR
TE:
._
T'JISform is turnistied to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(POC)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
10 3/98 (Wollmsha pld1WOLFMSHN19)
D. NAME AND ADDRESS OF BORROWER: TwiJa A. Wolt 44 Patten Street Bangor, ME 04401 SSN: 545-08-3544
E. NAME AND ADDRESS OF SELLER: Michael R. Scott 12 Country Club Drive #2 Manchester, NH 03102 SSN: 550-84-4616
F. NAME AND ADDRESS OF LENDER: First Massachusetts Bank, N.A. 370 Main Street Worcester, MA 01608 370 Main Street Worcester, MA 01608
G. PROPERTY LOCATION: 44 Patten Street Bangor, ME 04401 Penobscot County, Maine
H. SETTLEMENT AGENT: Barry A. Cohen
01-0397412
I. SETTLEMEN December 4, 20
PLACE OF SETTLEMENT Cohen & Cohen, PA 22 Slate Street
========~~T.7.~~~~~~~~~ ..~B~a;ng~0~r';M=E==04=4=0=1==,,==========~;;~;; J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. 101. t 02. 103. GROSS AMOUNT DUE FROM BORROWER: Contract Sales Price Personal Property Settlement Charqes to Borrower (Line 1400) 44,700.00 2,432.29 400. GROSS AMOUNT DUE TO SELLER: 401. Contract Sales Price 402. Personal Property A03. Credit Balance due to Seller
;;~;;;;;;;;;;;;~~===~i1--1!!~
BEt
0.00 3.60
~10~4~._E=s~c~r~0~w~F..;:u~n~d~s..;:tO~C~:i~~0~f~B~a~n~Q(or~IR~eh~a~b~F~e~es~ ~9~,6~4~6~.0~0~ ~~4. 105. 405. Adiustments For Items Paid Bv Seller in advance Adiustments For /tems Paid Bv Seller in advance :-1~6:;:._C;:;:-:.itY1.:.11T70w7n...:T..:a:::x.::es::...... 0 -.:.121=0:..:4,-,10,-,0:.......!::tO:.......I,-,2I=-3,,-1~/~0~0 --=8::2:.:..0::;8=-J CitylTown Taxes 406. 12104/00 to 12131/00 107. County Taxes to 407. Countv Taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412.
-+
-+
2.08
120. GROSS AMOUNT DUE FROM BORROWER 200. 20 t. 202. 203. 204. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: Deoosit or earnest money Principal Amount of New Loan(s) Existino loan(s) taken subiectto Funds Collected at ClosinQ Subordinate Fin/Citv of Banaor
56,860.37
420. GROSS AMOUNT DUE TO SELLER 500. 501. 502. 503. 504. 505. 506. 507. 508. 509. REDUCTIONS IN AMOUNT DUE TO SELLER: Excess Deposit (See Instructions) Settlemenl Charaes to Selier (Line 1400) Existinq loan(s) taken subiectto Payoff of first Mortgage 10 First Nationwide Mortg Pavott of second Mortaaae to Linda S rout Deposit retained by selier Credit Olosino #1 For Items Unpaid Bv Seller to to 10/14/00 10 12104/00
62,125.68
400.00 26,820.00 400.00 9,646.00
1,177.65 32,058.83 4,531.79 400.00 17,880.00
205:"
206. 207. 208. Credit Closina #1 209. Adiustments For Items Unpaid 210. Citv/Town Taxes 211. Countv Taxes 212. Assessments 10/14/00 213. 214. 215. ?16. 217. 218. 219. 220. TOTAL PAID BY/FOR BORROWER
17,880.00 Bv Seller to to to 12104/00
100.36
Adiustments 510. CilylTown Taxes 511. County Taxes 512. Assessments 513. 514. 515. 516. 517. 518. 519.
100.36
55,246.~~ 56,860.37 55,246.36) 1,614.01
520. TOTAL REDUCTION AMOUNT DUE SELLER 600. CASH AT SETTLEMENT TOIFROM SELLER: 601. Gross Amount Due To Seller (Line 420) .2!J2. Less Reductions Due Seller (Line 520) 603. CASH ( X TO)( FROM) SELLER
56,148.63 62,125.68 56,148.63 5,977.05
300. CASH AT SETTLEMENT FROMITO BORROWER: 301. Gross Amounl Due From Borrower (Line 120) 302. Less Amount Paid By/For Borrower (Line 220) 303. CASH ( X FROM) ( TO) BORROWER
Selier ,..fM~ic~h~e~'R~.~S~C~O~II~~~-1~~~,a(~ wia A. Wo TO THE BEST MY KNOW,kEi5GE:"T E SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE EN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS FUNDS WHICH WERE R~~~D AN H TRANSACTION. ~(~.~~~_~~~~~ _ Barry A. Cohen Settlement Agent WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010.
~ ...
:-;--,;.1
A.
U.S. DEPARTMENT
""'f.'
./
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B. r"~OF OF HOUSING & URBAN DEVELOPMENT 10FHA 2DFmHA 3. OCONV.
LOAN: UNINS.
.
~
;'J'::"-V.c:.U:')
-,
"
-.
40VA
..
--'
SETTLEMENT STATEMENT
C. NOTE:
6. FILE NUMBER: , WOLFMSHA 8. MORTGAGE INS CASE NUMBER:
17. LOAN NUMDER: 5000067700
,.~\. -
T'7is form is fumished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. /tems marked "[POC)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
1.0
3/98 (WOlimsha.pfdIWOLFMSHN19)
D. NAME AND ADDRESS OF BORROWER: Twila A. Wolf 44 Patten Street Bangor, ME 04401 SSN: 5.15-08-3544
E. NAME AND ADDRESS OF SELLER: Michael R. Scott ,2 Country Club Drive #2 Manchester, NH 03102 SSN: 550-84-4616
F. NAME AND ADDRESS First Massachusetts 370 Main Street
OF LENDER:
Bank, N.A.
Worcester, MA 01608 370 Main Street Worcester, MA 01608
G. PROPERTY LOCATION: 44 Patten Street Bangor, ME 04401 Penobscot County, Maine
H. SETTLEMENT Barry A. Cohen
AGENT:
01-0397412
I. SETIlEMENT December 4, 2000
DATE:
PLACE OF SETTLEMENT Cohen & Cohen, PA 22 Slate Street Bangor, ME 04401
J. SUMMARY OF BORROWER'S
100. 101. 102. 103. 104. 105.
TRANSACTION 44,700.00 2,432.29 9,646.00 400. 401. 402. 403. 404. 405.
K. SUMMARY
OF SELLER'S TRANSACTION 44,700.00 17,343.60
GROSS AMOUNT DUE FROM BORROWER: Contract Sales Price Personal Property Settlement Charges to Borrower (Line 1400) Escrow Funds to City of Banaor/Rehab Fees
GROSS AMOUNT DUE TO SELLER: Contract Sales Price Personal Prooertv Credit Balance due to Seller
Adjustments For /tems Paid By Seller in advance 106. CitylTown Taxes 12104/00 to 12131/00 107. County Taxes to 108. Assessments to 109. 110. 111. 112. 120. GROSS AMOUNT DUE FROM BORROWER 200. 201. 202. 203. 204. 205.' 206. 207. 208. 209. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: Deposit or earnest money Principal Amount of New Loan(s) Existing loan(s) taken subject to Funds Col/ected at Closina Subordinate Fin/City of Bangor
82.08
Adjustments For Items Paid Bv Seller in advance 406. CitvlTown Taxes 12104/00 to 12131/00 407. County Taxes to 408. Assessments to 409. 410. 411. 412. 420. GROSS AMOUNT DUE TO SELLER 500. 501. 502. 503. 504. 505. 506. 507. 508. 509. REDUCTIONS IN AMOUNT DUE TO SELLER: Excess Deoosit -(See InstructionS) Settlement Charoes to Seller (Une 1400) Existino loarus) taken subiect to Payoff of first Mortgage to First Nationwide Morlg Payoff of second Mortmiae 10 Unda SOI'oui Deposit retained by seller Credit Closino #1 For Items Unoeid Bv Seller to ta 10/14/00 to 12104/00
82.08
56,860.37
62,125.68
400.00 26,820.00 400.00 9,646.00
1,177.65 32,058.83 4,531.79 400.00 17,880.00
Credit Closing III For Items Unpaid By Seller to to 10/14/00 to 12104/00
17,880.00
Adjustments 210. Citv/Town Taxes 211. County Taxes 212. Assessments 213. 214. 215. 216. 217. 218. 219.
Adiustments 510. CitylTown Taxes 511. County Taxes 100.36 512. Assessments 513. 514. 515. 516. 517. 518. 519. 520.
100.36
AMOUNT DUE SELLER 56,148.63
220. TOTAL PAID BY/FOR BORROWER 300. CASH AT SETTLEMENT FROMITO BORROWER: 301. Gross Amount Due From Borrower (Line 120) 302. Less Amount Paid By/For Borrower (Une 220) 303. CASH ( X FROM) ( TO) BORROWER
55,246.~()
TOTAL REDUCTION
56,860.37 55,246.36) 1,614.01
600. CASH AT SETTLEMENT TOIFROM SELLER: 601. Gross Amount Due To Seller (Line 420) 602. Less Reductions 603. CASH ( X TO) ( Due Seller (Une 520) FROM) SELLER (
62,125.68 56,148.63 5,977.05
wia
A. Wo E H H
Mich el R. Scott SETILEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE EN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETILEMENT OF THIS
TO THE BEST MY KNOW.lA~6G'T FUNDS WHICH WERE RI;:g;.fiUl.f~p AN, TRANSACTION.
~(:..' Barry A. Cohen Settrement Agent WARNING: iT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010.
4~-;:' qp~~~:.~
UPON
_._---_._--~'
i.J
f,~\;/
$
L SEITLEMENT CHARGES
@
700. TOTAL COMMISSION Based on Price --'Division of Commission (line 700) as Follows: 701.$ to 702. $ to 703. Commission Paid at Settlement 704. BOO.ITEMS PAYABLE IN CONNECTION 801. Loan Origination Fee S02. Loan Discount 803. Appraisal Fee S04. Credit Report 805. Lender's Inspection Fee 806. ~orlgage Ins. App. Fee 807. Assumption Fee SOS .. S09. S10. Tax Service Fee Sl1. WITH LOAN to to to to to to to
; I
pi,'D
FROM
PAID FROM SELLER'S FUNDS AT SETTLEMENT
Sf JRROWER'S FUNDS AT SETTLEMENT
to First Massachusetts Bank, N.A. 500.00 24.00 50.00
3.0000 % %
804.60
Fleming Appraisal Associates Maine Credit Bureau Fleming Appraisal Associates
First American Real Estate Tax Service
POC-L $70.00
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From 12/04/00 @ to 02/01/01 $ 3.297541/day ( 902. Mortgage Insurance Premium for months 10 903. Hazard Insurance Premium for 1.0 years to Hanover Insurance Company 904. 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. 1002. 1003. 1004. 1005. 1006. 1007. 100S. Hazard Insurance Mortqaqe Insurance City/Towil Taxes County Taxes Assessments 3.000 5.000 months months months months months months months months
@ @ @ @ @ @ @ @
41 days
4.5000%) POC $43S.00
135.20
$
$
$
$ $ $ $
36.50 oer oer 92.43 per per per per oer oer
Aaqreqate Adjustment
month month month month month month month month
109.50 462.17
-146.01 320.00 255.00
1100. TITLE CHARGES 1101. Settlement or Closing Fee 1102. Abstract or Title Search 1103. Title Examination 1104. Title Insurance Binder 1105. Document Preparation 1106. Notary Fees 1107. Attorney's Fees (includes above item numbers: 110S. Title Insurance (includes above item numbers: 1109, Lender's Coverage 1110. Owner's Coverage 1111. Title Policy for City of Bango 1112. 1113. 1200. GOVERNMENT 1201. 1202. 1203. 1204. RECORDING to Cohen & Cohen, PA to to Cohen & Cohen, PA to to to to Cohen & Cohen, PA
)
90.00 222.93
)
to FATIC: $89.18C&C: G;133.75 44,700.00 44,700.00 to Cohen & Cohen
$ $
PREM: $100.00 PREM: $122.93 FATIC
100.00
AND TRANSFER
CHARGES
Recording Fees: Deed $ Releases 13.00: Mortgage $ 37.00: . Mortaaae City/County Tax/Stamps: Deed State Tax/Stamps: 198.00: Mortgage Revenue Stamps MSHA RIDERS to Penobscot Countv Reaister of Deeds 1205. MSHA Assignment to Penobscot County Register of Deeds SETTLEMENT CHARGES to to to to to CHARGES Plisaa & Dav First American Flood Date Servvices Bangor Wastewater Treatment Plant Cohen & Cohen, PA
50.00 99.00 12.00 11.00 200.00 17.50 RE: UPS 10.00 2,432.29 174.05 10.00 1,177.65 99.00
1300. ADDITIONAL 1301. 1302. 1303. 1304. 1305.
Survey Pest Inspection Flood Zone Cert Fee Sewer Assessment Overnight Courier
RE:#17431
1400. TOTAL SETTLEMENT
(Enter on Lines 103, Section J and 502, Section
A/,Y1-f1/
~d'
K) ~
, "----'.
Bar ry A. CoheV Settlement Agent
<,
Certified to be a true copy. The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement & any attachments referred to herein. I HAVE CAREFULLY REVIEWED THE HUD-l SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF. IT IS A~RU AND ACCURATE STATEMENT L R CEIP SAN ISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS RANSA ON FURTHr;;EJ THAT I HAVE RECEIVED , PY T ETTLEMENT STATEMENT. Borrower
I' .
Seller.
D-l SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS Barry A. Cohe Settfement Agent WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010.
(WOLFMSHA
1 WOLFMSHA
119)
--
r---.~--A. U.S. DI::PARTMENT

.'
B. TYPE OF LOAN: OF HOUSING & URBAN DEVELOPMENT 1.0FHA WOLF 2.DFmHA ~ 40VA 5. DCONV. INS.
'.
B. FILe NUMBER,
SElTLEMENT
C. NOTE:
STATEMENT
8. MORTGAGE
INS CASE NUMBER:
17.
S and
_ ...-. _
LOAN NUMBm
5000067881
.....
- .... _--
"
This form is furnished to give you a statement of actual settlement costs. Amounts paid to and Items marked "(POC)" were paid outside the closing; they are shown here for intormetionet pur, OF BORROWER: E. NAME AND ADDRESS Michael R. Scott 12 Country Club Drive #2' Manchester, NH 03102 SSN: 550-84-4616 H. SETTLEMENT Barry A. Cohen PLACE OF SETTLEMENT Cohen & Cohen, PA 22 State Street Bangor, ME 04401 J. SUMMARY OF BORROWER'S TRANSACTION K.SUM 44,700.00 208.45 400. GROSS AMOUNT 401. Contract Sales Pric 402. Personal Property 403. 404. 405. Adiustrnents For 406. CityITown Taxes 407. County Taxes 408. Assessments 409. 410. 411. 412. 44,908.45 AGENT: 01-0397412 OF SELLER:
e settlement agent are shown. are not included in the totals.

10 3198 (Woll pld1WOLF/13)
D. NAME AND ADDRESS TwilaA. Wolf
NAME AND ADDRESS 1stMassachusetts
OF LENDER:
Bank, NA
44 Patten Street Bangor, ME 04401 SSN: 54508-3544 G. PROPERTY LOCATION: 44 Patten Street Bangor, ME 04401 Penobscot County, Maine
Street i/ reester, MA 01608
P Main
fi
I. SETTLEMENT DATE:
tJI
~;~
December
4, 2000
1t'.H1
Y OF SELLER'S TO SELLER: TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 101. Contract Sales Price 102. Personal Prooertv 103. Settlement Charoes to Borrower (Line 1400) 104. 105. Adiustments For Items Paid Bv Seller in advance 106. CityITown Taxes to 107. County Taxes to 108. Assessments 10 109. 110. 111. 112. 120. GROSS AMOUNT DUE FROM BORROWER 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. AMOUNTS PAID BY OR IN BEHALF Deposit or earnest money Principal Amount of New Loan(s) Existinq loan(s) taken subiect to OF BORROWER:
44,700.00
sPaid Bv Seller in advance to to to
420. GROSS AMOUNT DUE TO SELLER 500. 501. 502. 503. 504. 505. 50B. 607. 508. 509. REDUCTIONS IN AMOUNT DUE TO SELLER: Excess Deoosit (See Instructions) Settlement Charaes to Seller (Line 1400) Existina loan(s) taken subiect to Payoff of first Mortgage Payoff of second Mortaaae
44,700.00
17,880.00
536.40
Credit For Closing
26,820.00
Credit For Closina For Items Unoaid Bv Seller to to to
26,820.00
Adiustments For Items Unoaid Bv Seller 210. CityITown Taxes to 211. County Taxes to 212. Assessments to 213. 214. 215. 216. 217. 218. 219. 220. TOTAL PAID BY/FOR BORROWER 300. CASH AT SETTLEMENT FROMITO BORROWER: 301. Gross Amount Due From Borrower (Line 120) 302. Less Amount Paid By/For Borrower (Line 220) 303. CASH ( X FROM) ( The undersigned TO) BORROWER 44,700.00 44,908.45 44,700.00) 208.45
Adjustments 510. CilylTown Taxes 511. County Taxes 512. Assessments 513. 514. 515. 516. 517. 518. 519.
520. TOTAL REDUCTION AMOUNT DUE SELLER 600. CASH AT SETTLEMENT TO/FROM SELLER: 601. Gross Amount Due To Seller (Line 420) 602. Less Reductions Due Seller (Line 520) 603. CASH ( X TO)( FROM) SELLER referred to herein.
27,356.4C 44,700.0C 27,356.4C 17,343.BC
hereby acknowledge
receipt of a completed copy of pages 1&2 of this statement
& any attachments
I HAVE CAREFULLY REVIEWED ACCURATE STATEMENT 0 A THAT I HAVE RECEIVED C0. Borrower
THE~HU~DS RE. IP S '/
LEMENT STATEMENT AND TO THE BEST OF MY KNOWL N DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME I 1 SETTLEMENT STATEMENT. Seller
DGE AND BELIEF, IT IS A TRUE AND HI7iT N CTI N. IF E' CERTIFY _.
. w.(a A. Wo..;...--:?
"I!:''4~~~ti!:~::......~~~1-,4t,~~
Mic ael R. Scott
TO THE BEST OF MY KNO.JN!;:EDGE~\T FUNDS WHICH WERE ~EC~D AN TRANSACTION. , / -- "'.
I;IO ..,~ SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE 1).\1 B EN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS
<i
Barry A. Cohen Settrement Agent WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 10018, SECTION 1010.
UPO~
-,
..---~---A.
U.S. D\:PARTMENT
.'
B. TYPE OF LOAN: 10FHA OF HOUSING & URBAN DEVELOPMENT 2OFmHA
<
..
4. OVA 17. LOAN NUMBER: 5000067881
5. DCONV.
INS.
SElTLEMENT
C. NOTE:
STATEMENT
6. FILE NUMBER: WOLF 8. MORTGAGE INS CASE NUMBER:
This form is furnished to give you a statement of actual sett/ement costs. Amounts paid to and by the settlement agent are shown. Items marked "[POC)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
1.0 3198 (WolI.pldIWOLF/13)
D. NAME AND ADDRESS OF BORROWER: Twila A. Wolf 44 Patten Street Bangor, ME 04401 SSN: 545-08-3544 G. PROPERTY LOCATION: 44 Patten Street Bangor, ME 04401 Penobscot County, Maine
E. NAME AND ADDRESS OF SELLER: Michael R. Scott 12 Country Club Drive #2 Manchester, NH 03102 SSN: 550-84-4616 H. SETTLEMENT AGENT: Barry A. Cohen 01-0397412
F. NAME AND ADDRESS OF LENDER: Rrst Massachusetts Bank, NA
370 Main Street Worcester, MA 01608
I. SETTLEMENT December 4, 2000
DA IE:
PLACE OF SETTLEMENT Cohen & Cohen, PA 22 State Street Bangor, ME 04401
J. SUMMARY OF BORROWER'S 100. 101. 102. 103. 104. 105.
TRANSACTION
K. SUMMARY 44,700.00 20B.45
OF SELLER'S TRANSACTION
GROSS AMOUNT DUE FROM BORROWER: Contract Sales Price Personal Property Settlement Charpes to Borrower (Line 1400)
Adjustments For Items Paid By Seller in advance 106. Citvrrown Taxes to 107. County Taxes to 108. Assessments to 109. 110. 111. 112. 120. GROSS AMOUNT DUE FROM BORROWER 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: Deposit or eamest money Principal Amount of New Loan(s) Existinq loan(s) taken subiect to 44,90B.45
400. GROSS AMOUNT DUE TO SELLER: 401. Contract Sales Price 402. Personal Property 403. 404. 405. Adiustments For Items Paid By Seller in advance 406. Cityrrown Taxes to 407. County Taxes to 40B. Assessments to 409. 410. 411. 412. 420. GROSS AMOUNT DUE TO SELLER 500. 501. 502. 503_ 504. 505. 506. 507. 50B. 509. REDUCTIONS IN AMOUNT DUE TO SELLER: Excess Deposit (See Instructions) Settlement Charges to Seller (Line 1400) Existinq loan(s) taken subiect to Payoff of first Mortgage Payoff of second Mortgage
44,700.00
44,700.00
17,880.00
536.40
Credit For Closinq
26,820.00
Credit For Closing For Items Unpaid By Seller to to to
26,820.00
Adjustments For Items Unpaid By Seller 210. City/Town Taxes to 211. County Taxes to to 212. Assessments 213. 214. 215. 216. 217. 218. 219. 220. TOTAL PAID BY/FOR BORROWER 300. CASH AT SETTLEMENT FROMrrO BORROWER: 301. Gross Amount Due From Borrower (Line 120) 302. Less Amount Paid By/For Borrower (Line 220) 303. CASH ( X FROM) ( TO) BORROWER 44,700.00 44,908.45 44,700.00) 208.45
Adjustments 510. City/Town Taxes 511. County Taxes 512. Assessments 513. 514. 515. 516. 517. 51B. 519.
520. TOTAL REDUCTION
AMOUNT DUE SELLER
27,356.4C
600. CASH AT SETTLEMENT TOIFROM SELLER: 601. Gross Amount Due To Seller (Line 420) 602. Less Reductions Due Seller (Line 520) 603. CASH ( X TO) ( FROM) SELLER referred to herein.
44,700.0( 27,356.4( 17,343.6C
The undersigned hereby acknowledge
receipt of a completed copy of pages 1&2 of this statement & any attachments
I HAVE CAREFULLY REVIEWED THE~HUD 1 S LEMENT STATEMENT AND TO THE BEST OF MY KNOWL ACCURATE STATEMEN~O A RE. IP Sj. DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME I THAT I HAVE RECEIVED CG/ 1 SETTLEMENT STATEMENT. ""/A"" Borrower
.. '/
DGE AND BELIEF, IT IS A TRUE AND I7;T N CTI N. IF FfEfR CERTIFY _
Seller
w,(a A. Wo.._-7
~~~~~~~~~~~~~ Mic ael R. Scott
TO THE BEST OF MY KNo.Wt;EDGE"J 0' ..;1 SEITLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS WHICH WERE ~EC~D AN Pf. B EN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS TRANSACTION. t /. -~'. ~B~a~rry~A-.C~oh~e~n~-J~~-----------------Settrement Agent WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES u=or CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 &. SECTION 1010.
7oo~ :rOT AL COMMISSION Based on Price Division of Commission (line 700) as Follows: .' to 701.$ 702.$ to 703. Commission Paid at Settlement 704.
.~,.-
-~ ~
L. SETTLEMENT CHARGES
$
@
%
I
PAID FROM BORROWER'S FUNDS AT SETTLEMENT
PAID FROM SELLER'S FUNDS AT SETTLEMENT
to Loan Oriqination Fee Loan Discount Appraisal Fee Credit Report Lender's Inspection Fee Mortoaoe Ins. ADD. Fee Assumption Fee 3.0000 % % to First Massachusetts to to to to to to Bank, N.A. 536-40
BOO. ITEMS PAYABLE IN CONNECTION WITH LOAN

801. 802. 803. 804. 805. 806. 807. 808. 809. 810. 811.
gOO. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE

@ 901. Interest From 12/04/00 $ to 02101/01 902. Mortoaoe Insurance Premium for months to 903. Hazard Insurance Premium for 1.0 years to 904. 905.
4.181770/day
41 days
8.5600%)
171-45
1000. RESERVES DEPOSITED WITH LENDER 1001. 1002. 1003. 1004. 1005. 1006. 1007. 1008. Hazard Insurance Mortqape Insurance CitylTown Taxes County Taxes Assessments months months months months months months months months to to to to to to to
) @ @ @ @ @ @ @ @
$ $ $ $ $ $
$
Aaareaate Adiustment
per per per per per per per per
month month month month month month month month
0.00
1100. TITLE CHARGES 1101. Settlement or Closino Fee 1102. Abstract or Title Search Title Examination Title Insurance Binder Document Prenaration Notary Fees Attorney's Fees (includes above item numbers: 1108. Title Insurance (includes above item numbers: 1109. Lender's Coverage 1110. Owner's Coverage 1111. 1112. 1113. 1200. GOVERNMENT 1103. 1104. 1105. 1106. 1107.
to )
$ $
RECORDING AND TRANSFER
CHARGES
1201. Recording Fees: Deed $ ; Mortgage 1202. Citv/Oountv Tax/Stamps: Deed 1203. State Tax/Stamps: Revenue Stamps 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES to to
37.00; : Mortoace ; Mortgage
Releases
37.00
1301. Survey 1302. Pest Inspection 1303. 1304. 1305. 1400. TOTAL SETTLEMENT CHARGES
(Enter on Lines 103, Section J and 502, Section
K)
208.45
536.40
Barry A. Cohen Settlement Agent Certified to be a true copy.
The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement & any attachments referred to herein. I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AN BELIEF, IT IS A TRUE ACCURATE STATEMENT OF ALL RECEIPT AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TR SACTION. U HEo/r"""""" THAT I HAVE RE~EIVE _ OP~ F~ SETTLEMENT STATEMENT. Borrower.
v-
/ wila A. Wolf
Seller
TO THE BEST OF MY KNOW~GE, TH UD-1 SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS WHICH WERE REEfVED AND AyEAE[=N OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS TRANSACTION...:... / J Ci,-k. Barry A. Cohen . SetUement Age t WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE: TITLE 18 U.S. CODE SECTION 1001 & SECTION 1010.
,
\
(WOLF/WOLF/13
..,. r
RE: Twila Wolf- Buyer Michael A. Scott - Seller 44 Patten Street, Bangor, ME Tax Account # 0004151 Map 035 Lot 014 Sewer Account # 042032-1
Real Estate Taxes: Real estate taxes are due semi-annually, totaling $1,109.19. Next due March 15,2001 in the amount of $554.59. Seller has paid taxes up to and including December 31, 2000. Buyer will credit Seller for December 4,2000 up to and including December 31,2000127 days.($1,109.19 divided by 365 days = 3.04 day times 27 days OR $82.08. Buyer will be responsible for the March 15,2001 taxes and all future taxes.
Sewer Assessment:
Sewer assessment billing is due quarterly. The amount due is $174.05 for the payment period of July 1,2000 thru October 13, 2000 to be paid by the Seller. The Seller will also credit the Buyer for October 14, 2000 to December 4, 2000. $174.05 divided by 90 days = $1.93 per day X's 52 OR $100.36. Buyer will be responsible for the next quarter payment and all future assessments.
FUTURE TAXIS EWER BJl.LS MAY CONTlNUE TO BE SENT TO THE PRlOR OWNER UNTil., A FUTURE BlLLING PERIOD. PARTIES MUST COMMUNICATE BETWEEN THEMSEL YES AND THE MUNICIPALITY HEREA..FTER.
Social Security Administration Supplemental Security Income

Notice of Change in Payment
Date: November '29, 1999 Claim. Number: 545-08-3544 DI
002
TWILAWOLF APT 2 44PATTENST BANGOR ME 04401-6226
Multiply this number, monthly benefit payment, by twelve for the total yearly amount.
11I 1 1,1 11I 11.11 1,1 1,1,11 1 1.1 11 11
We are writing to tell you about changes in your Supplemental Security Incom .. payments. The rest-of this letter wil] tell you.more about this change. Information About Your Payments
The amount due you beginning January 2000 will be $213.00. The amount due you is being raised because the law provides for increase in Supplemen Q,.ftu"':"~ T _--:::...::::::::----..... ~-~ there was an increase in th r/" .
Your Payment-Is-Bas Our records-show tha changed-.
The total amount from 551= 2556 add this amount to the total from 55A (3828) for a grand total, from both 551and 55A, of
nt has also
Your increased! l1edicare premiums, if aI~~ a check about January 03,2000. we must count t e mcrease in your enefits for January 2000 even though we are counting your other income for November 1999. We're Y2K Okay Social Security_and Medicare are__y ~ for the ye~ 2.00Q(y~I9. All of our . computer systenis have been updated. You'll receive your payments from SOcial Security on time, as usual. Things To Remember You may use this letter when you need proof of your SSI payment amount for other assistance programs such as food stamps, rent subsidies, energy assistance, medical assistance, bank loans, or for other purposes. However, if you get another letter saying your SSI payment is changing again, use that letter instead.
$ 6384.00
SSA L8151-{)9B-04-00032180
See Other Side
Social Security Administration Supplemental Security Income

Notice of Change in Payment
Date: November 29, 1999 Claim Number: 545-08-3544 DI
002
TWILA WOLF API' 2 44PATTENST BANGOR ME 04401-6226
111111111.1111111111111111.111111111111.111111I1111.1111111I11
We are writing to tell you about changes in your Supplemental Security Income payments. The restof this letter will tell you mere about this change.
Information About Your Payments

The amount due you beginning January 2000 will be $213.00. The amount due you is being raised because the law provides for an increase in Supplemental Security Income payments in January 2000 if there was an increase in the cost-of-living during the past year.
Your Payment Is-Based On These Facts Our records-show that the following income used to figure your payment has also changed-Your increased Social Security benefits=before deductions for Medicare premiums, if any, of $319.00. You should receive the increased check about January 03, 2000. We must count the increase in your benefits for January 2000 even though we are counting your other income for November 1999.
We're Y2K Okay

Social Security and Medicare are readyfor the year 200Q.(Y2K). All of our computer systems have been updated. You'll recelveyour 'payments from Social Security on time, as usual.
Things To Remember
You may use this letter when you need proof of your SSI payment amount for other assistance programs such as food stamps, rent subsidies, energy assistance, medical assistance, bank loans, or for other purposes. However, if you get another letter saying your SSI payment is changing again, use that letter instead.
SSA-L8151-09B-04-00032180
See Other Side
545-08-3544
11/29/1999
Page 2
We may share information about you with other government agencies that pay benefits. Agencies use such information to see if a person qualifies for benefits. We sometimes use computer matching to share information and compare our records with those of other Federal, State, or local government agencies. The law allows us to use computer matching even if you do not agree.
If You Disagree With The Decision

If you disagree with the decision, you have the right to appeal. We will review your case and consider any new facts you have.
o
You have 60 days to ask for an appeal. The 60 days start the. day after you get this letter. We assume you got this letter 5 days after the date on it unless you show us that you did not get it within the 5-day period. You must have a good reason for waiting more than 60 days to ask for an appeaL To appeal, you must fill out a form called "Request for Reconsideration." The form number is SSA-561. To get this form, contact one of our offices. We can help you fill out the form.
How To Appeal
There are two ways to appeal. You can pick the one you want. If you meet with us in person, it may help us decide your case. Case Review. hav~ a right to review the facts in your file. You can give us more facts to add to your file. Then we'll decide your case again. You won't meet with the person who decides your case. This is the only kind of appeal you can have to appeal a medical decision. Informal Conference. You'll meet with the person who decides your case. You can tell that person why you think you're right. You can give us more facts to J.!~!~ you're right, You can bring other people to help explain . prove your case.
You
If You Want Help With Your Appeal

You can have a friend, lawyer or someone else help you. There are groups that can help you fmd a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your local Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it ..
SSA-LS151-09B-01-00032180
Your
New
Benefit
Amo~~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!~
NAME:
TWlLAAWOLF
SOCIALS
NUMBER:
Multiply this number, the monthly payment amount,
by 12 for the per year total. Your Social Security benefits will increase by 2.4 percent for th in the cost of living. You can use this letter when you need proof of to receive food stamps, rent subsidies, energy assistance, bank loans,~o~"8iim;!pmmm~"'iiiiiiiii-ln"iiiiiiii'" How Much Will I Get And When?
$319.00 Your new monthly amount (before deductions) is The amount we're deducting for Medicare is $0.00 (If you did not have Medicare as of Nov. 19, 1999, or if someone else pays your premium, we show $0.00.) $319.00 After taking any other deductions, we will deposit into your bank account on Jan. 3~2000. If you disagree with any of these amounts, you should write to us within 60 days from date you receive this letter.
What If I Work Or Want To Return To We;

If you receive disability benetits or Supplemental Se report all earnings. There are special rules that help disa Contact us for the free booklet, Working While Disablea No. 05-10095).
Total, income, from Social Security, (SSA)of 3828.00 per year. Add this to the total of benefit payments from Social Security Insurance (551) to arrive at the total income from all available sources for Twila A. Butler )
Medicare Infonnation
The Health Care Financing Administration recently handbook to all beneficiaries. The handbook contains tlJ deductibles and health care options that may be availab If you have Medicare and limited income and assets all or some of your Medicare-expenses. You may qualifj than $947 for an individual or $1,265 for a couple (high have assets of no more than $4,000 for an individual or income is slightly higher, you may get help in paying a SIT (Part B) premium. Please contact your state or local Medic office for more information.
_.J
A Rule About Stepchildren

If a stepchild receives benefits on your record and you and the stepchild's parent divorce, you must tell us. Why? Because we must stop the stepchild's benefits the month after the divorce becomes finaL
Y2KOkay
Social Security and Medicare are ready for the year 2000 (Y2K). All of our computer systems have been updated so you will receive your payments from Social Security on rirne; as usual.
How Do I Contact You?

You can call us at 1-800-772-1213. We can answer questions by phone from 7 a.rn, until 7 p.m. on business days. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You also can reach us on the Internet at www.ssa.gov or visit your local office. ROOM 208 FEDERAL BLDG 202 HARLOW STREET
Your New Benefit Amount

NAME:
TWILA A WOLF
SOCIAL SECURITY
~EFt:
~45-08-3544
Your Social Security benefits will increase by 2.4 percent for the year 2000, based on a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food stamps, rent subsidies, energy assistance, bank loans or other business.
How Much Will I Get And When?

Your new monthly amount (before deductions) is The amount we're deducting for Medicare is (If you did not have Medicare as of Nov. 19, 1999, or if someone else pays your premium, we show $0.00.) After taking any other deductions, we will deposit into your bank account on Jan. 3, 2000. $319.00 $0.00
$319.00
If you disagree with any of these amounts, you should write to us within 60 days from the date you receive this letter.
What If I Work Or Want To Return To Work?

If you receive disability benefits or Supplemental Security Income payments, you must report all earnings. There are special rules that help disabled and blind people return to work. Contact us for the free booklet, Working While Disabled-How We Can Help (Publication No. 05-10095).
Medicare Information
The Health Care Financing Administration recently sent the Medicare & You 2000 handbook to all beneficiaries. The handbook contains the latest information on coverage, deductibles and health care options that may be available in your area. If you have Medicare and limited income and assets, your state may help you pay for all or some of your Medicare-expenses. You may qualify if your monthly income is no more than $947 for an individual or $1,265 for a couple (higher in Alaska and Hawaii), and you have assets of no more than $4,000 for an individual or $6,000 for a couple. Even if your income is slightly higher, you may get help in paying a small part of your medical insurance (Part B) premium. Please contact your state or local Medicaid, social services or welfare office for more information.
A Rule About Stepchildren

If a stepchild receives benefits on your record and you and the stepchild's parent divorce, you must tell us. Why? Because we must stop the stepchild's benefits the month after the divorce becomes final.
Y2K Okay
Social Security and Medicare are ready for the year 2000 (Y2K). All of our computer systems have been updated so you will receive your payments from Social Security on time, as usual.
How Do I Contact You?

You can call us at 1-800-772-1213. We can answer questions by phone from 7 a.m. until 7 p.m. on business days. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You also can reach us on the Internet at www.ssa.gov or visit your local office.
ROOM 208 FEDERAL BLDG 202 HARt6W STREET
PERKINSiTHOMPSON
. ATTORNEYS & COUNSELORS AT LAw
ESTABLISHED !B7!
ONE CANAL PLAZA PO BOX 426 PORTLAND ME 041 12 TEL 207.774.2635 FAX 207.871.8026
March 26,2012
PHILIP C HUN!"
www.perldnsthcmpson.com
JOHN A HoBSON
y\MES N. K~TSlAflCAS 'IIMOTHY P BENOrr ~ GORDON SCANNELL JR FREDW BOPI''''
Penny H. Reckards, Clerk Penobscot County Superior Court Attn: Civil Clerk for Real Estate Matters 78 Exchange Street, Suite 350 Bangor, ME 04401 Re: TD Bank, NA. v. Twila A. Wolf, et Civil Action Docket No. RE-1O-18k
~Y' .
I
MARKP.SNOW WILLIAM
J. SHEILS
DAVID 8. ~kC()~IN[LL PAUL D PlHROPAOU

HOPE CREAl. IAC()(35[N
Dear Penny: Today I spoke with Karen, one of the clerks in your office, about the status of Plaintiffs pending Motion to Lift Stay of Proceedings. Karen told me that Plaintiffs motion is awaiting a decision by Justice Anderson. However, she also informed me that Defendant Twila Wolf has filed a number of additional motions during the month of March. Please be advised that counsel for Plaintiff has not received copies of any of the new pleadings filed by Defendant. Accordingly, Plaintiff asks that Justice Anderson refrain from acting on the motions filed by Defendant until Defendant serves copies of those motions on Plaintiff and Plaintiff has had sufficient opportunity to respond pursuant to the Maine Rules of Civil Procedure. Thank you for your assistance with this matter. questions.
.. ">, "
RANDY
J CRESV/ELl
~ JLIANNl C AAY
DAWN M HARMON
ANTHONY ~ MANHART STEPHANIE A WILLIAMS PETER J. McDONEU. KEITH J DUNLAP
JEFFREY A ,:OHtN SHAWN

K
LEYDEN
iOSEPH G. TALBOT LAUREN
a WHNER
Please let me know if you have any
OF COUNSEL
DOUGLAS S CAAA
'\,
iOHN A ClRALDO 1956" 2010
SinC\jelY, 7 . '
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Twila Wolf CharIton A. Butler, Jr.
IPU088930.11

BANSC-RE-2010-187 TD Bank N.A. V Twila A. Wolf Case As Filed 05 08 2012

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BANSC-RE-2010-187 TD Bank N.A. V Twila A. Wolf Case As Filed 05 08 2012

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STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

TD BANK N.A. f/k/a FIRST MASSACHUSETTS BANK N.A. Plaintiff,

Case No.: BANSC-RE-2010-187

Now, come Defendant's,

and motion to strike Plaintiffs untimely Defendants objections and responsive

and motions regarding

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT in her defense of the

dismiss. These actions suggested significant carelessness

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

so. Similarly, in Boit

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

b.C res 0...

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

and or motion made thus far.

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

Charlton A. Butler Jr. Defendant-Intervenor Pro se

STATE OF MAINE CIVIL

COUNTY OF PENOBSCOT SUPERIOR DISTRICT COURT

CERTIFICATE OF SERVICE BY MAIL

The Top Ten Causes of Malpractice

Mark C.S. Bassingthwaighte

Risk Management Coordinator Attorneys Liability Protection

Society A Risk Retention Group

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~ "=, "~, ~'r: 'r~'ii~~~ L~"':-~-"~~'....k" . ~L\~~ ~

Life Is Complex and Uncertain

Perspective, Daily Dispatch, Management, Skills

manage the damn

NEW NEIGHBORS PROGRAM AFFORDABILITY ANALYSIS WORKSHEET

Property Address: Number of Units:

(/) Gross annual income of Applicant(s): $ Project Breakdown:

~~_" 'r: t5tJ7/

MAINE STATE HOUSING AUTHORITY ",.

NEW NEIGHBORS' PROGRAM FUNDS RESERVATION FORM

.~~..,~5l~: Homeownership - .:'.:~...,

Peoples Heritage Mortgage)

Phone #:, Fax#:

Gross Annual Household Income: $

Q Over Purchase Price

1:\ USERS\COMMON\FQRMS\MSHANNFR.DOC HMI'31A..Q90198

NEW NEIGHBORS PROGRAM AFFORDABILITY ANALYSIS WORKSHEET

(excluding owner's unit) Percentage of Median Income: -

MERRILL MERCHANTS BANK MORTGAGE PRE-QUALIFICATION