Form 2-1

Note: When preparing this form, the attorney should carefully review Tex. Prop. Code §§ 51.0001, 51.0025, and 51.0075 and Tex. Bus. & Com. Code §§ 3.203 and 3.301 to ensure any reference to a per­son accurately describes the role the person holds or performs in the context of a foreclosure proceed­ing, e.g.,  references to “noteholder,” “beneficiary,” “owner,” “lender,” “obligor of the debt,” “mortgagor,”  “mortgagee,” or “mortgage servicer” as appropriate.

Loan Referral Questionnaire

Pursuant to your request that our firm represent you in foreclosing on the [describe] property, please complete this questionnaire and return it by [date].

A.Summary Loan Information

Foreclosure Referral Date: ____________________

Loan Reference Number: ____________________

Original Lender’s Name and Address:      

Current Lender or Holder’s Name, Address, and Phone Number:      

If Applicable, Mortgage Servicer’s Name, Address, and Phone Number:      

Contact Person’s Name, Day Phone Number, and After Hours Contact Information:      

[Borrower’s/Borrowers’] Name[s] and Address[es] (include county name):      

Deed of Trust Property Description and Mailing Address (if different from the above address; include county name):      

[Borrower’s/Borrowers’] Social Security Number: ____________________

Loan Origination Date: ____________________

Original Loan Amount:____________________

Payment Amount: ____________________

Loan Due Date: ____________________

Collateral Property Legal Description:      

Deed of Trust Recording Information (clerk’s file no. or volume and page):      

Original Trustee’s Name: ________________________________________

Substitute Trustee’s Name, Address, and Phone Number:       

Number of Days Required before Loan can be Accelerated:       

Must the appointment of substitute trustee be recorded before the posting of the foreclosure sale?   ______Yes       ______No

Lien Position: ____________________

Notes:      
      

B.Loan Documents.      Pursuant to Section E.9. below, you are asked to enclose copies of all loan documentation, correspondence, file memoranda, reports, reports to other officers or committees of [name of lender], UCC searches, workout negotiations, appraisals, and valua­tions contained in your records. Indicate enclosures by checking in the space provided; if an item does not exist, leave the space blank.

oPrevious demands for payment

oNotice of acceleration

oNote

oRecorded deed of trust

oSecurity agreements

oFinancing statements

oContinuing guaranty agreement

oRenewal and extension of note and lien agreements

oPartial releases and UCC-3 forms

oAssignment of leases and rents

oMortgagee title policy and all endorsements

oTax statements

oHazard insurance policy

oPrenegotiation agreements

oLetters of intent

oStandstill agreements

oForbearance agreements

¨   Other documents, such as assumption agreements, title transfer documents, loan

modifications, transfers of liens (list):       

      

If any of the above spaces are not checked but a document of such nature exists, please pro­vide any information you have:       
      
      

If the present note is a renewal or aggregation of previous debts or notes, please describe prior debts or notes by note number, date, original principal amount, amount carried forward to the present note, and other information:       
      

C.Notice Information.      List all names and addresses of obligors and borrowers shown on the loan documents in your files or of which you are aware and indicate (by checking) the most recent address for each. Also, please indicate the type of address (for example, business or residence) and if a party has died or been involved in a divorce. Note whether any of the following grantors or obligors are in the armed services.

D.Debt and Default Description.      Describe all defaults that have occurred in the pay­ment or performance of the loan documents described in section B. above.

Known Defaults:       
      
      

Debt (use additional sheet of paper if necessary):

Promissory Note Number: ____________

Date of Promissory note: ____________

Installment payment: $____________, paid every ____________________

Describe with specificity and amount of any cost or expense charged to the debtor’s account:       
      
      
      
Other Information:       
      
      
      

E.Mortgaged Property and Collateral

1.Has the mortgaged property ever been the debtor’s or other party’s (residential or busi­ness) homestead? Y/N

2.Have any of the parties (any maker, guarantor, or past or present owner) ever resided at the mortgaged property? Y/N

3.Please describe any personal property collateral.

      

      

4.Please describe any portion of the mortgaged property or collateral that has been released.

      

      

5.Has the mortgaged property been replatted since the closing of the loan? Y/N   If so, describe such replat:

      

6.Has the lender consented to any easements, restrictive covenants, leases, or other agree­ments affecting the mortgaged property or collateral? Y/N  If so, describe any such use.

      

7.Are you aware of any current or previous use of the property that would indicate the need for an environmental audit? Y/N Describe any such use.

      

      

8.If you are aware of any of the following matters affecting the mortgaged property or collateral, please indicate by checking in the space provided. Enclose copies of all agreements and lease-related documents in your possession, including the lease, rent roll, and nondistur­bance agreement. List all known addresses of tenant on a separate sheet.

oBroker agreements

oLeasing agent agreements

oManagement agreements

oService agreements

oUtility service agreements

oPending or considered sales agreements

oLeases

oSecurity deposits

oOther agreements or permits

9.Description of Liens.      Please indicate if you are aware of any of the following and enclose a copy of the document or describe the lien:

Deed-of-Trust Liens:

Date:    

Recording

County:    

Type of records:    

Clerk’s file no.:    

Volume and page:    

Grantor:    

Trustee:   

Beneficiary (name/address):    

      

      

      

Debt secured:   

Posted for foreclosure:    

Other comments:    

      

oSubordination agreements (either subordination of lender’s lien or subordination
of other creditor’s lien)

oNotice agreements (agreements to give notice of any default or foreclosure
or to afford cure privileges)

oNotice of claims (UCC; mechanic’s, materialmen’s, or supplier’s; unpaid
creditors)

oFederal tax liens (description):          

oFranchise tax liens (description):       

oInferior liens (description):       

oSuperior liens (description):       

oProperty tax loan liens (description):       

10.Insurance.      Review the hazard (fire, flood, comprehensive loss, etc.) policies and indi­cate which of the following apply:

oNotice of the foreclosure sale to be sent to the insurer

oNotice of change of ownership to be sent to the insurer

oNotice of vacancy to be sent to the insurer

o      Premiums have been paid to continue coverage through [date]

11.Foreclosure Procedure

a.Does the deed of trust pledge personal property as well as real property? Y/N

b.If the deed of trust covers both real and personal property, would separate foreclo­sure sales possibly bring a higher bid price? Y/N

c.If the deed of trust covers more than one tract of real property, would separate sales of the tracts possibly bring a higher bid price? Y/N

d.If the deed of trust covers more than one tract of real property, would sale of less than all of the tracts possibly be sufficient to recoup the borrower’s debt? Y/N

e.Will the lender be able to gain peaceable repossession of the personal property so that the foreclosure sale may be held after the lender gains possession of the collat­eral? Y/N

f.Describe location of all personal property collateral.

      

      

g.If you are aware of any potential buyers or bidders for the mortgaged property or collateral, please list.

      

      

h.What means do you suggest to identify and notify potential buyers of any of the personal property collateral?

      

      

i.Has a substitute trustee ever been appointed for the trustee in the deed of trust? Y/N

Form completed by:    

Date:   

Title:   

Address:      

       

Phone number:       

Please return to:
[Name and address of contact attorney]
[Phone number]