Laserfiche WebLink
If the loan is not reinstated (brought current) or paid off, AmeriNat will continue foreclosure up to and <br />including the sale of the property. If the Client desires AmeriNat to perform property management, a <br />third-party property management vendor will be engaged. AmeriNat can identify, track and pay bills <br />related to property preservation, the costs of which remain the responsibility of the Client. Upon sale of <br />the property, AmeriNat will return the proceeds of the sale to the Client less foreclosure fees and <br />previously un-reimbursed costs incurred. <br /> <br />In the event the borrower reinstates the loan, AmeriNat will remit to the Client payments received from <br />the borrower. For those loans that are reinstated by the borrower, AmeriNat will resume normal servicing <br />functions. <br /> <br /> <br />Bankruptcy Administration Services <br /> <br />1. Chapter 7 Bankruptcy: <br /> <br />a. Upon receipt of notification from a court of law, debtor (borrower), or the Client, of a Chapter 7 <br />bankruptcy for a debtor serviced by AmeriNat, AmeriNat will modify the account in preparation <br />for monitoring of payments. Additionally, a Reaffirmation Agreement will be generated and <br />forwarded to the borrower’s attorney (debtor’s counsel) for signature, and to the appropriate <br />court upon receipt of the executed document. This fully enforceable agreement, if executed, will <br />retain the lien as secured and will keep the lien from being discharged as part of the Chapter 7 <br />discharge. If the borrower has no legal counsel and has filed their bankruptcy petition "pro se", <br />(on their own behalf) or with the assistance of a licensed paralegal, AmeriNat can communicate <br />directly with the borrower. <br /> <br />b. Upon default of borrower’s remittance of payments during the bankruptcy, AmeriNat will notify <br />the borrower’s (debtor’s) counsel and Chapter 7 Trustee advising of the default, but if filed pro <br />se, then the debtor would be notified directly. <br /> <br />c. Should the Chapter 7 Trustee determine that assets are available for distribution to creditors, <br />AmeriNat will file a Proof of Claim on behalf of the Client. <br /> <br />2. Chapter 13 Bankruptcy: <br /> <br />a. Upon receipt of notification from a court of law, debtor (borrower), or the Client, of a Chapter 13 <br />bankruptcy for a debtor serviced by AmeriNat, AmeriNat will notify the Client of its intention to <br />file a Proof of Claim as well as supporting bankruptcy documentation and will file with the <br />appropriate court. Upon receipt of a returned filed Proof of Claim from the court, AmeriNat will <br />forward a copy of the same to the Client and will begin monitoring post and pre-petition payments <br />to borrower’s loan account. <br /> <br />b. Upon default of borrower in the remittance of post-petition payments, AmeriNat will notify the <br />borrower’s (debtor’s) counsel of the default, instructing that further default will result in the filing <br />of a Motion for Relief. If the borrower has no legal counsel and has filed their bankruptcy petition <br />"pro se", (on their own behalf) or with the assistance of a licensed paralegal, AmeriNat can <br />communicate directly with the borrower. In addition, notification of the default will be forwarded <br />to the Trustee’s office. Should there be a continued default in post-petition payments, and at the <br />Docusign Envelope ID: 2B617463-847A-4D49-A35E-F34CFC91F6B8