VALERI Home Loan Information

Good morning Mr Locke,

Please note that your FOIA request 22-05785-F is still being processed. You will be notified once the processing has been completed. If you are referring to another FOIA please submit the FOIA number so we can look into your inquiry.

Thank you for your interest in the VA.

VBA FOIA
Program Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006

Michael Bass Locke
MuckRock News
DEPT MR 128369
263 Huntington Avenue
Boston, MA 02115

Re: Freedom of Information Act Tracking Number 22-06278-F

Dear Mr. Bass:

This letter acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA) dated May 17, 2022, and received June 7, 2022, in which you are seeking “All VALERI records for 127 Delvalle St. Melbourne Beach, FL 32951. I am the veteran for the VA Home Loan. The VA Home Loan Technician assigned to the loan is refusing to provide the requested documents.”

VBA Central Office (CO) received your request on June 7, 2022, and assigned tracking number 22-06278-F. Please refer to this tracking number when communicating about this request.

The records you are seeking, if they exist, would be maintained in the Office of Loan Guaranty (LGY). Therefore, we are redirecting your request to their office for a file search and a direct response to you. If you wish to know the status of your request, please contact them directly at the following address

Department of Veterans Affairs
Veterans Benefits Administration
Attn: Olaiseh Wambui
Address: 810 Vermont Avenue
Washington, D.C. 20006
Email: Olaiseh.Wambui@va.gov

Sincerely,

VBA Program Specialist FOIA/PA

Dear Mr Locke

This letter serves as the initial agency response to your 06/07/2022, Freedom of Information Act (FOIA) request. Within your request, you sought records which may be in the custody of the agency regarding:

All VALERI records for 127 Delvalle St. Melbourne Beach, FL 32951.
I am the veteran for the VA Home Loan. The VA Home Loan Technician assigned to the loan is refusing to provide the requested documents.

Upon receiving your request, the VA Loan Guarantee conducted a search and located the attached responsive to your request. This letter was then forwarded to our office for a final disclosure review.

After careful review and consideration, we have determined to fully release your responsive records. Please see the attached records.

Thank you for your interest in the VA.
Regards,

Olaiseh Wambui
Program Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006

Hello,

Please accept this e-mail as a request for VALERI records from 6/27/2022- date of production for 127 Delvalle St. Melbourne Beach, FL 32951.

Michael Locke

These records were sent to the requester on the dates below. Please do not initiate a new request.

Mr. Locke, Please reach out to me directly on my office cell 202-374-7826 below.

Olaiseh Wambui
Program Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

Good morning,

I administratively closed this FOIA request 22-05785-F as it was a duplicate under FOIA 22-06278-F which was granted in full.
Regards,

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

1. “Domiciliary Residential Rehabilitation Treatment Programs (DRRTP). A DRRTP provides a residential level of care for Veteran populations including medical, psychiatric, SUD, PTSD, and homelessness. DRRTPs provide a 24- hours-per-day, 7 days-per-week, (24/7) structured and supportive residential environment as a part of the rehabilitative treatment regime.”
See https://www.va.gov/homeless/docs/DCHV_Definitions_of_MHRRTPs.pdf

2. On 1/10/2021 I provided Phoenix VA Regional Loan Center employee Louis Krejaci with Domiciliary Residential Rehabilitation Treatment Programs (DRRTP) treatment records.

3. On 1/16/2021 I clarified to Phoenix VA Regional Loan Center employee Louis Krejaci that I had started treatment with DRRTP the previous month.

4. “would you agree that generally speaking in personal injury law, courts have awarded significantly less for mental injuries vs physical injuries?”

“That is a difficult question to answer, as different jurisdictions may have different standards and criteria for awarding damages for mental injuries versus physical injuries. However, based on some of the web search results I found, it seems that in general, courts have been more reluctant to award damages for mental injuries than for physical injuries, unless there is a clear causal link between the two². For example, in Minnesota, a mental injury that results from a physical injury (such as depression or post-traumatic stress disorder) may be compensable, but a mental injury that does not have a physical component (such as emotional distress or anxiety) may not be⁴. Similarly, in product liability cases, courts have been more likely to award damages for mental anguish if the plaintiff suffered a physical injury or was exposed to a substantial risk of physical harm by the defective product². Therefore, it seems that courts have generally favored a more objective and tangible approach to assessing damages, rather than a subjective and intangible one. However, this may vary depending on the specific facts and circumstances of each case, as well as the applicable law and precedent.

Source: Conversation with Bing, 9/10/2023
(1) Damages & Compensation for Mental Anguish in a Personal Injury ... - AllLaw. https://www.alllaw.com/articles/nolo/personal-injury/damages-compensation-mental-aguish.html.
(2) Mental vs. Physical Work Injuries (How Do They Differ?). https://mottazsiskinjurylaw.com/physical-vs-mental-work-injury/.
(3) Damages and Compensation in a Personal Injury Lawsuit | AllLaw. https://www.alllaw.com/articles/nolo/personal-injury/types-of-compensation.html.
(4) Bodily Injury vs Personal Injury (Differences Explained). https://www.schmidtandclark.com/bodily-injury-vs-personal-injury.”

5. “Then-Chief Judge Howell recently used an "objective metric"-Veterans Affairs disability ratings-to guide her in departing from the Heiser awards. See Schooley v. Islamic Repub. of Iran, No. 17-cv-1376, 2019 WL 2717888, at ~7475 (D.D.C. June 27, 2019). VA disability ratings are "a specialized agency s official determination regarding the extent of disabling injury sustained by service members in connection with military service." Id. at 74 ( cleaned up). Because VA ratings roll mental and physical injuries into one number, they facilitate a more objective approach to awarding damages. This is so because courts need not weigh whether certain injuries merit more money than others. See id.”

“Thank you for your message. It seems that you are interested in the use of VA disability ratings as a way of determining damages for mental and physical injuries in cases involving terrorism. Based on the web search results I found, VA disability ratings are a system that evaluates the degree of disability caused by service-connected conditions for veterans. The ratings range from 0% to 100%, and they affect the amount of monthly compensation and other benefits that veterans receive¹². VA disability ratings are based on the evidence submitted by the veterans or obtained from military records, and they may include a VA medical examination in some cases².

One of the advantages of using VA disability ratings as an objective metric for awarding damages is that they provide a consistent and standardized way of measuring the impact of injuries on the veterans' ability to function and earn income. They also avoid the need for courts to compare and weigh different types of injuries, such as mental and physical ones, which may be subjective and difficult to quantify³. Furthermore, VA disability ratings reflect the official determination of a specialized agency that has expertise and experience in dealing with service-related disabilities⁴.

However, there may also be some limitations and challenges in applying VA disability ratings to non-veterans or to injuries that are not service-connected. For example, VA disability ratings may not capture the full extent of the pain and suffering, emotional distress, or loss of enjoyment of life that victims of terrorism may experience. They may also not account for the differences in individual circumstances, such as age, education, occupation, or family situation, that may affect the severity and duration of the injuries. Additionally, VA disability ratings may not be available or reliable for some victims, especially those who are not U.S. citizens or residents, or those who have not sought or received medical treatment or diagnosis for their injuries⁴.

Therefore, while VA disability ratings may offer a useful and objective tool for assessing damages for mental and physical injuries in some cases, they may not be sufficient or appropriate for all cases. Courts may need to consider other factors and sources of evidence, such as expert testimony, medical records, personal statements, or witness accounts, to determine the fair and reasonable amount of compensation for each victim⁴.

Source: Conversation with Bing, 9/10/2023
(1) 2023 Veterans Disability Compensation Rates | Veterans Affairs. https://www.va.gov/disability/compensation-rates/veteran-rates/.
(2) About VA Disability Ratings | Veterans Affairs. https://www.va.gov/disability/about-disability-ratings/.
(3) VACI's 2023 VA Disability Calculator - VA Claims Insider. https://vaclaimsinsider.com/va-disability-rating-calculator/.
(4) Veterans’ Benefits Rating and Rates | ChooseVA. https://choose.va.gov/disability/ratings-and-rates.
(5) VA Math - How Combined VA Disability Ratings Are Calculated. https://themilitarywallet.com/va-math-combined-disability-ratings/.”

6. “given "that in general, courts have been more reluctant to award damages for mental injuries than for physical injuries" could it be argued that the findings in Schooley v. Islamic Republic of Iran awarding the same amount for mental and physical injury is incredibly significant?”

“That is an interesting question. I am not a legal expert, but based on the web search results I found, it could be argued that the findings in Schooley v. Islamic Republic of Iran¹ awarding the same amount for mental and physical injury is significant in several ways.

First, it shows that the court recognized the severity and impact of the mental injuries suffered by the plaintiffs, who were victims of a terrorist attack, and did not discount or diminish their claims based on the lack of physical injuries or evidence. The court stated that \"[t]he plaintiffs' mental injuries are no less real than their physical injuries, and no less deserving of compensation.\"¹ The court also noted that \"[t]he plaintiffs' mental injuries are not merely transient or fleeting, but rather chronic and enduring, affecting their daily lives and relationships for years after the attack.\"¹

Second, it shows that the court applied an objective metric, namely the VA disability ratings, to determine the relative degree of injury suffered by each service-member plaintiff. The court explained that \"[t]he VA disability rating is a specialized agency's official determination regarding the extent of disabling injury sustained by service members in connection with military service.\"¹ The court also stated that \"[t]he VA disability rating provides a consistent and standardized way of measuring the impact of injuries on the plaintiffs' ability to function and earn income.\"¹ The court further stated that \"[t]he VA disability rating avoids the need for this Court to compare and weigh different types of injuries, such as mental and physical ones, which may be subjective and difficult to quantify.\"¹

Third, it shows that the court followed the precedent set by other cases involving victims of terrorism, such as Akins v. Islamic Republic of Iran², where the court also awarded damages based on the VA disability ratings. The court in Schooley cited Akins as an example of a case where \"the plaintiffs' mental injuries were compensable even though they did not suffer any physical injuries as a result of the terrorist attack.\"¹ The court in Schooley also noted that \"[t]he use of VA disability ratings as a measure of damages is consistent with other cases in this district involving victims of terrorism.\"¹

Therefore, it could be argued that the findings in Schooley v. Islamic Republic of Iran awarding the same amount for mental and physical injury is significant because it demonstrates the court's recognition, objectivity, and consistency in compensating victims of terrorism for their mental and physical injuries.

Source: Conversation with Bing, 9/10/2023
(1) Schooley v. Islamic Republic of Iran - Casetext. https://casetext.com/case/schooley-v-islamic-republic-of-iran.
(2) SCHOOLEY v. ISLAMIC REPUBLIC OF IRAN, 1:17-cv-01376 - CourtListener. https://www.courtlistener.com/docket/6119668/schooley-v-islamic-republic-of-iran/.
(3) SCHOOLEY et al v. ISLAMIC REPUBLIC OF IRAN et al - UniCourt. https://unicourt.com/case/pc-db1-schooley-et-al-v-islamic-republic-of-iran-et-al-483599.”

7. “https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1134&FType=2”

“This is a link to a VA handbook that provides guidance on the implementation of Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination based on disability in any program or activity conducted by Federal agencies. The handbook establishes workplace policies, procedures and protocols for creating and implementing guidance for all VA programs and activities consistent with the changes to the Rehabilitation Act required by the Americans with Disabilities Act (ADA) Amendments Act of 2008, which reinstated the broad scope of individuals protected under the ADA and Section 504¹. The handbook also outlines the roles and responsibilities of various VA offices and officials in ensuring compliance with Section 504, as well as the procedures for handling complaints, appeals, and enforcement actions related to disability discrimination¹. The handbook is intended to help VA foster optimal organizational environments to protect the rights of beneficiaries, with disabilities, of VA programs or activities¹.

Source: Conversation with Bing, 9/10/2023
(1) COMPLIANCE PROCEDURES IMPLEMENTING SECTION 504 OF THE REHABILITATION .... https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1134&FType=2.
(2) Department of Veterans Affairs VA DIRECTIVE 6500 February 24, 2021 VA .... https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1254&FType=2.
(3) Blind Justice-VA Vet Center Update - Auditors United. https://auditorsunited.org/a/2023/03/25/blind-justice-va-vet-center-update/.
(4) Department of Veterans Affairs VA HANDBOOK 6500 February 24, 2021 RISK .... https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1255&FType=2.”

8. “could it be argued that an employee of a federal agency deliberately misconstruing or skewing program and activity information amounts to discrimination?”

“That is a hypothetical question that may depend on the specific facts and circumstances of each case. However, based on the web search results I found, it could be argued that an employee of a federal agency deliberately misconstruing or skewing program and activity information amounts to discrimination if it results in denying or limiting the access, benefits, or opportunities of qualified individuals with disabilities to any program or activity operated by the federal agency. According to Section 504 of the Rehabilitation Act of 1973¹²³⁴, which prohibits discrimination based on disability in any program or activity operated by recipients of federal funds or conducted by a federal agency, discrimination may include:

- Providing different or separate aid, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to others;
- Denying a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefits, or services;
- Affording a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefits, or services that is not equal to that afforded others;
- Providing a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;
- Providing different or separate aid, benefits, or services to individuals with disabilities or to any class of individuals with disabilities unless such action is necessary to provide qualified individuals with disabilities with aid, benefits, or services that are as effective as those provided to others;
- Otherwise limiting a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefits, or services.

Therefore, if an employee of a federal agency intentionally provides false or misleading information about a program or activity that affects the rights, privileges, advantages, or opportunities of individuals with disabilities, it could be considered a form of discrimination under Section 504. However, this would have to be proven by evidence and may be subject to legal defenses and exceptions.

Source: Conversation with Bing, 9/10/2023
(1) HHS Issues New Proposed Rule to Strengthen Prohibitions Against .... https://www.hhs.gov/about/news/2023/09/07/hhs-issues-new-proposed-rule-to-strengthen-prohibitions-against-discrimination-on-basis-of-disability-in-health-care-and-human-services-programs.html.
(2) Employment Laws: Disability & Discrimination - U.S. Department of Labor. https://www.dol.gov/agencies/odep/publications/fact-sheets/employment-laws-disability-and-discrimination.
(3) Disability Discrimination: Overview of the Laws - U.S. Department of .... https://www2.ed.gov/policy/rights/guid/ocr/disabilityoverview.html.
(4) Disability Discrimination - U.S. Department of Education. https://www2.ed.gov/about/offices/list/ocr/frontpage/pro-students/disability-pr.html.”

1. "The parties shall conclude the MMM process within 150 days of the filing or conversion of the case, unless that time is enlarged by written consent on the Portal, by stipulation of the parties, or by Court order."

See https://pacer.flmb.uscourts.gov/administrativeorders/DataFileOrder.asp?FileID=91

2. Upon my initial request for a CARES ACT related forbearance, servicer Planet Home Lending attempted to require providing a time range and specific impact of COVID-19 related hardship

See https://www.dropbox.com/scl/fi/mznrglt98owhm4g9uq7gr/phl-first-cares-act-forbearance.pdf?rlkey=9l6fhirvn1imrxzlwulza514m&dl=0

3. The CARES ACT required servicers of federally backed loans to grant forbearance under the CARES ACT upon a borrower simply attesting to a hardship relating to the COVID-19 pandemic.

4. Per VA Circular 26-20-17 “To identify borrowers who have been impacted by COVID-19, VA is replacing the reason for default of “Energy/Environmental Cost” with “National Emergency Declaration” in the Electronic Default Notice (EDN) event. When a borrower requests forbearance due to COVID-19, servicers should use the new reason for default when reporting the EDN and then report the Special Forbearance event. Effective June 1, 2020, VALERI will accept the new reason for default prior to the 61st day of delinquency."

5. The VALERI system, which stands for Veterans Affairs’ Loan Electronic Reporting Interface, is a web-based application that allows VA employees and mortgage servicers to monitor and assist Veterans with VA-guaranteed home loans.

6. Per the VALERI records for my loan as of 6/22/2022, Planet Home Lending failed to inform the VA that my continued default was COVID-19 related until 5/10/2022. See https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757

[https://web.archive.org/web/20230130153859/https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757]

7. The same VALERI records demonstrate that the 5/2020 CARES ACT forbearance was never reported to the VA, despite 38 C.F.R. 36.4317 requiring any forbearance be reported after approval “…by the seventh day of the following month…”

8. Nearly 2 years after 2 years after the first CARES ACT related forbearance for the home loan, servicer Planet Home Lending eventually adhered to VA Circular 26-20-17 and applied the “National Emergency Declaration” designation to the home loan. See https://www.dropbox.com/scl/fi/mznrglt98owhm4g9uq7gr/phl-first-cares-act-forbearance.pdf?rlkey=9l6fhirvn1imrxzlwulza514m&dl=0

9. This delay complicated communication between myself and the VA considerably, as the VA Loan Guaranty employee tasked with intervening seemed to take the content of the VALERI record as indisputable gospel.

See https://www.dropbox.com/scl/fi/c18bf6632hwxn0dxyjfri/Marcus-Young-Letters.pdf?rlkey=38aukt3tzjraig5hkllxfy4bp&dl=0

10. Further, due to the delay designating the home loan as COVID-19 affected, the home loan was apparently never considered for relief under VA Circular 26-20-12.

11. In the final VA partial claim payment program rule issued via the Federal Register, the VA specifically identified VA Circular 26-20-12 as the means for which servicer’s were to use to bring a loan current that defaulted prior to Covid-19. See https://www.govinfo.gov/content/pkg/FR-2021-05-28/pdf/2021-11373.pdf

12. On 6/17/2022 VA Loan Guaranty Officer Marcus Young was questioned regarding my lack of consideration for relief under VA Circular 26-20-12, he responded “The circulars referenced are specific to COVID-19. Your default occurred prior to COVID-19.” See https://www.dropbox.com/scl/fi/npatrygy03jgtpo9t304j/Marcus-Young-No-26-20-12.pdf?rlkey=q1vd2o7cg3ndenuge80ri9i1j&dl=0

13. Section 1 of VA Circular 26-20-12 explicitly states “The servicer must ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current. Failure to do so could impact a future claim payment and could lead to other legal or administrative action(s) against the servicer.”

14. VA Circular 26-20-12(5)(c) states “Servicers should review loan files for all possible loss mitigation options no later than 30 days before the forbearance period is scheduled to end. Servicers should document such reviews in their loan servicing systems. If no loss mitigation options are possible, in cases where the home has equity, servicers must refer the file to the relevant Regional Loan Center for VA’s consideration of a loan refunding.”

15. Planet Home Lending was seemingly aware of VA Circular 26-20-12(5)(c), and attempted to circumvent as much, as the VALERI records reflect a “repayment plan approved” entered on 8/19/2020 with a start date of 5/1/2020 and an estimated cure date of 11/1/2020.

16. Per 38 C.F.R. 36.4301 “A repayment plan is a written executed agreement by and between the borrower and the holder to reinstate a loan that is 61 or more calendar days delinquent, by requiring the borrower to pay each month over a fixed period (minimum of three months duration) the normal monthly payments plus an agreed upon portion of the delinquency each month.”

17. On 8/20/2020 I received an e-mail from VA Home Loan Technician Louis Krejci that stated in part “The servicer responded to you and sent you an email with what is required to send to them for a completed package. They will not review your file until a completed package is received. I suggest reviewing their email and submit the requested documents. They own your loan and require a completed package to review.”

18. Planet Home Lending utilizes an online “Loan Solution Center” for the processing of loss mitigation packages.

19. The “Loan Solution Center” includes a “Document Center” displaying documents submitted by a borrower and loss mitigation options offered by Planet Home Lending.

20. The “Document Center” for my home loan shows no repayment plan offered or written agreement concerning a repayment plan.

21. “The VA will introduce a new Servicing Purchase Program in July. It's a new way of making a ‘last-ditch effort’ in the waterfall to keep veterans in homes, said John Bell III, executive director of the agency. Through the initiative, the VA will take a loan back, pay and make the servicer whole, and put the borrower on an interest rate that’s not available in the marketplace.” https://www.nationalmortgagenews.com/news/usda-va-tease-loss-mit-tribal-land-initiatives

22. “MBA Submits Recommendations on the VA Servicing Purchase Program on Monday, MBA and the Housing Policy Council submitted recommendations to the Department of Veterans Affairs (VA) regarding its new Servicing Purchase Program (VASP). VASP is expected to be introduced as VA’s new loss mitigation program for distressed veteran borrowers for high-interest rate environments. MBA’s recommendations follow several conversations with the VA throughout the development of VASP.”

23. https://newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/

24. “Despite the VA’s engagement with industry in recent months, VA has not provided any written program description, outline or framework. MBA and HPC believe stakeholders should have the opportunity to provide feedback on the program’s design and implementation. Specific issues that require greater transparency include the maximum number of borrowers served, the ability to provide relief promptly, VASP’s compliance with Regulation X (RESPA), and the ability to facilitate successful servicing transfers.”

https://newslink.mba.org/mba-newslinks/2023/august/mba-newslink-monday-aug-7-2023/mba-advocacy-update-aug-7-tk

25. “A solution like this is needed because approximately 147,000 veteran borrowers are estimated to be behind on their mortgage payments and those with note rates below the current market rate will not be able to achieve an affordable payment with a traditional loan modification.”

https://www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf?

26. The VA already has a similar option called a “refunding.”

https://www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4%20Chapter%209%20Refunds%20-%205-2017.docx

27. Matt Douglas, Vice President of Mortgage Policy for the Housing Policy Council, has stated that a key difference between the “refund” and the “VASP Program” is that the number of considered loans could go from a couple dozen a year to tens of thousands.

See https://www.dropbox.com/scl/fi/omqhswxuolw7yi8oxmjbl/HPC-email.pdf?rlkey=8oder8r6fysrseveeg9uraj0e&dl=0

28. He also stated that as of 8/26/2023 the VA “have not shared a detailed/comprehensive process with us.”

29. From this point, I proceeded to engage with the Grassroots and Constituent Affairs Coordinator of the Wounded Warrior Project for more information concerning the VASP program.

See https://www.dropbox.com/scl/fi/h0h82au489z8qonqaedf2/JuanWWPVASP.pdf?rlkey=7tz1198ig8g0wm78e6w1q1taf&dl=0

30. As I understand it, the VASP is set to be introduced at “….the beginning of October….”

See https://www.dropbox.com/scl/fi/h0h82au489z8qonqaedf2/JuanWWPVASP.pdf?rlkey=7tz1198ig8g0wm78e6w1q1taf&dl=0

31. The Department of Veterans Affairs Benefits Administration introduced their “Automated Decision Support (ADS)” system in December of 2021, and has since escalated it’s usage to “…enable faster, more accurate, and consistent decisions for Veterans and their beneficiaries” concerning benefits claims. See https://www.dropbox.com/scl/fi/4ubxwuoe4rxoc2j80mrfo/Automated-Decision-Support-VBA-Home-Loans.pdf?rlkey=rs0pnc6x8j9lmm194fgiq9ez9&dl=0

32. There’s nothing publicly available stating that the Department of Veterans Affairs Benefits Administration is using their “ADS” system in the processing of claims related to VA Home Loans, but it seems likely, or at the least, a reasonable accommodation for the estimated 147,000 presumably disabled veterans with defaulted loans unknowingly awaiting the introduction of the VASP program.

Considering the proceeding information I’m asking that the court extend the time allowed for the MMM process until such time as the Department of Veterans Affairs introduces their Veterans Assistance Servicing Purchase (VASP) program.

I hereby certify under penalty of perjury under the laws of the United States of America, that the

Information contained within this e-mail is true and correct. Executed on September 24, 2023.

/s/Michael Bass Locke

127 Delvalle St.

Melbourne Beach, FL 32951

(321) 506-9557

Mbl22885@msn.com

“MuckRock is a platform that allows individuals to request information from the government under the Freedom of Information Act (FOIA), and often these requests and responses are made public. If you have been using MuckRock to document your correspondence with the VA, it is indeed possible that this data could be crawled by web spiders and indexed by search engines, thus becoming part of the data available on the internet.

As for the use of such data in training AI/ML models, it's logical to assume that publicly available data could be utilized for such purposes, given that many AI/ML models are trained on vast datasets collected from the web.”

https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/
VALERI Home Loan Information<https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/>
Michael Locke made this request to Department of Veterans Affairs, Veterans Benefits Administration of the United States of America.
www.muckrock.com

I appreciate the advice on working with my lawyer. Interestingly enough, it’s more so that I’m working on my lawyer.

1. “Mike Dahn, Head of Westlaw Product Management, explains that solving hallucinations is actually a pretty low bar to clear if you know what you’re doing. Retrieval Augmented Generation (RAG) is a fancy way of saying the large language model draws on trusted data — in this case, the Thomson Reuters library of materials — and can more or less handle the hallucination risks that crop up with unfiltered AI.”

https://abovethelaw.com/2023/11/westlaw-ai-launch-forces-confrontation-with-the-inner-workings-of-a-lawyers-mind/

2.
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3.
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4. “Regional loan center (RLC) technicians determine whether the servicer is complying with VA regulations by giving borrowers every opportunity to pursue all possible loss mitigation options to avoid foreclosure.”

https://www.va.gov/oig/pubs/VAOIG-18-03979-204.pdf

5.
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1. Did servicer Planet Home Lending fail to submit a CARES ACT forbearance for May of 2020?

2. Is VBA in possession of a Consumer Financial Protection Bureau complaint response from Planet Home Lending concerning 127 Delvalle St. Melbourne Beach, Fl 32940?

3. In the event the VBA answers “no” to #2, a copy of the Consumer Financial Protection Bureau complaint response from Planet Home Lending concerning 127 Delvalle St. Melbourne Beach, Fl 32940 is attached.

4. Does the Consumer Financial Protection Bureau complaint response from Planet Home Lending concerning 127 Delvalle St. Melbourne Beach, Fl 32940 state in part on page 1 “In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan…”?

5. Did servicer Planet Home Lending fail to mark the home loan in VALERI with the “National Emergency Declaration” reason for default used by the VA to designate COVID-19 impacted home loans until May 10th, 2022?

6. In the event the answer to #5 is “no,” on what date did Planet Home Lending mark the mark the home loan in VALERI with the “National Emergency Declaration” reason for default used by the VA to designate COVID-19 impacted home loans?

6. If Planet Home Lending failed to mark the home loan in VALERI with the “National Emergency Declaration” reason for default used by the VA to designate COVID-19 impacted home loans until May 10th, 2022, did this impact the home loan being considered for protections outlined in VA CIRCULAR 26-20-12?

7. In the event the answer to #6 is “no,” how could the VA being unaware that the home loan was under the protections outlined in VA Circular 26-20-12 not effect the home loan’s consideration for protections outlined in via 26-20-12?

8. Did page 4 of the final rule for the VA partial claim payment program issued via the Federal Register identify VA Circular 26-20-12 as the means for which servicer’s were to use to bring a loan current that defaulted prior to Covid-19?
See https://www.govinfo.gov/content/pkg/FR-2021-05-28/pdf/2021-11373.pdf

9. Does page 4 of the final for the VA partial claim payment program issued via the Federal Register state in part “VA acknowledges that many veterans who were experiencing financial hardship pre-pandemic continued to experience hardship and that, in some cases, their hardship may have worsened as a result of the pandemic. VA has provided alternative approaches to assist such veterans in retaining their homes. VA…issued guidance authorizing servicers to consider other VA home retention options (VA Circular 26-20-12)”?

Michael Locke

From: Michael Locke <mbl22885@msn.com>
Sent: Sunday, December 17, 2023 4:40 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Cc: requests@muckrock.com <requests@muckrock.com>; louis.krejci@va.gov <louis.krejci@va.gov>; Vahotline@va.gov <Vahotline@va.gov>
Subject: Re: VA Hotline Case No. 11559463

1. Did servicer Planet Home Lending fail to submit a CARES ACT forbearance for May of 2020?

2. Is VBA in possession of a Consumer Financial Protection Bureau complaint response from Planet Home Lending concerning 127 Delvalle St. Melbourne Beach, Fl 32940?

3. In the event the VBA answers “no” to #2, a copy of the Consumer Financial Protection Bureau complaint response from Planet Home Lending concerning 127 Delvalle St. Melbourne Beach, Fl 32940 is attached.

4. Does the Consumer Financial Protection Bureau complaint response from Planet Home Lending concerning 127 Delvalle St. Melbourne Beach, Fl 32940 state in part on page 1 “In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan…”?

5. Did servicer Planet Home Lending fail to mark the home loan in VALERI with the “National Emergency Declaration” reason for default used by the VA to designate COVID-19 impacted home loans until May 10th, 2022?

6. In the event the answer to #5 is “no,” on what date did Planet Home Lending mark the mark the home loan in VALERI with the “National Emergency Declaration” reason for default used by the VA to designate COVID-19 impacted home loans?

6. If Planet Home Lending failed to mark the home loan in VALERI with the “National Emergency Declaration” reason for default used by the VA to designate COVID-19 impacted home loans until May 10th, 2022, did this impact the home loan being considered for protections outlined in VA CIRCULAR 26-20-12?

7. In the event the answer to #6 is “no,” how could the VA being unaware that the home loan was under the protections outlined in VA Circular 26-20-12 not effect the home loan’s consideration for protections outlined in via 26-20-12?

8. Did page 4 of the final rule for the VA partial claim payment program issued via the Federal Register identify VA Circular 26-20-12 as the means for which servicer’s were to use to bring a loan current that defaulted prior to Covid-19?
See https://www.govinfo.gov/content/pkg/FR-2021-05-28/pdf/2021-11373.pdf

9. Does page 4 of the final for the VA partial claim payment program issued via the Federal Register state in part “VA acknowledges that many veterans who were experiencing financial hardship pre-pandemic continued to experience hardship and that, in some cases, their hardship may have worsened as a result of the pandemic. VA has provided alternative approaches to assist such veterans in retaining their homes. VA…issued guidance authorizing servicers to consider other VA home retention options (VA Circular 26-20-12)”?

Michael Locke

________________________________
From: Michael Locke <mbl22885@msn.com>
Sent: Sunday, December 17, 2023 12:25 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Cc: requests@muckrock.com <requests@muckrock.com>; louis.krejci@va.gov <louis.krejci@va.gov>; Vahotline@va.gov <Vahotline@va.gov>
Subject: Re: VA Hotline Case No. 11559463

[image/jpeg]

________________________________
From: Michael Locke <mbl22885@msn.com>
Sent: Friday, December 15, 2023 6:15 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Cc: requests@muckrock.com <requests@muckrock.com>; louis.krejci@va.gov <louis.krejci@va.gov>
Subject: Re: VA Hotline Case No. 11559463

I appreciate the advice on working with my lawyer. Interestingly enough, it’s more so that I’m working on my lawyer.

1. “Mike Dahn, Head of Westlaw Product Management, explains that solving hallucinations is actually a pretty low bar to clear if you know what you’re doing. Retrieval Augmented Generation (RAG) is a fancy way of saying the large language model draws on trusted data — in this case, the Thomson Reuters library of materials — and can more or less handle the hallucination risks that crop up with unfiltered AI.”

https://abovethelaw.com/2023/11/westlaw-ai-launch-forces-confrontation-with-the-inner-workings-of-a-lawyers-mind/

2.
[image/png]

3.
[image/jpeg]

4. “Regional loan center (RLC) technicians determine whether the servicer is complying with VA regulations by giving borrowers every opportunity to pursue all possible loss mitigation options to avoid foreclosure.”

https://www.va.gov/oig/pubs/VAOIG-18-03979-204.pdf

5.
[image/jpeg]

________________________________
From: Michael Locke <mbl22885@msn.com>
Sent: Friday, December 15, 2023 4:48 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Subject: Re: VA Hotline Case No. 11559463

Just to clarify, VA loan guaranty is denying my request for benefits outlined in Veterans Benefits Administration, Department of Veterans Affairs. Circular 26-20-12. 'Extended Relief Under the CARES Act for those Affected by COVID-19,' April 8, 2020, sec. 5c?
________________________________
From: Post, Andrew, VBADENV <andrew.post@va.gov>
Sent: Friday, December 15, 2023 4:00 PM
To: Michael Locke <mbl22885@msn.com>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Subject: RE: VA Hotline Case No. 11559463

Good afternoon Mr. Locke,

That is not necessary.

While your loan is in active bankruptcy, I would encourage you to work with your bankruptcy attorney and the courts to resolve your delinquency.

From: Michael Locke <mbl22885@msn.com>
Sent: Friday, December 15, 2023 5:40 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Cc: requests@muckrock.com; VA Hotline <VAHotline@va.gov>
Subject: [EXTERNAL] Re: VA Hotline Case No. 11559463

Hey,

I have a good idea. I'm going to fly to Denver next month and you can show me in writing where it says loan guaranty can't help a loan in active bankruptcy. Does that sound good?

Michael Locke

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Saturday, December 2, 2023 4:48 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: requests@muckrock.com<mailto:requests@muckrock.com> <requests@muckrock.com<mailto:requests@muckrock.com>>; Vahotline@va.gov<mailto:Vahotline@va.gov> <Vahotline@va.gov<mailto:Vahotline@va.gov>>
Subject: Re: VA Hotline Case No. 11559463

[image/jpeg]

From: Post, Andrew, VBADENV <andrew.post@va.gov>
Sent: Tuesday, November 28, 2023 4:03 PM
To: Michael Locke <mbl22885@msn.com>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov>
Subject: RE: VA Hotline Case No. 11559463

No we are not completing a review of the Adequacy of Servicing at this time.

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, November 28, 2023 3:53 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Subject: Re: VA Hotline Case No. 11559463

1. You said “…we can only discuss loss mitt options vaguely…” and I can only surmise you’re pulling from the m26-3(4.03)(c) as it says “Technicians should determine if contact with a borrower is required during the AOS process. If contact information in VALERI is no longer valid or numbers provided are not in service, the loan technician must attempt to locate a working number using an online search engine or other available search options and document the case notes. If a borrower is in active bankruptcy or was active in bankruptcy during the default, no contact should be initiated with the borrower. If the borrower initiates contact with VA, the technician should only discuss general information regarding the loan and the VA Home Loan Program and document a summary of the conversation in the case notes.” Given the full context of m26-3(4.03)(c), speaking “vaguely” or “generally” only applies when a VA Home Loan technician is conducting an Adequacy of Servicing review. I’ll ask again, is the VA currently conducting an Adequacy of Servicing review on my home loan?

2. No, the loan is in my name alone.

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Tuesday, November 28, 2023 2:17 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Subject: RE: VA Hotline Case No. 11559463

Good afternoon Mr. Locke,

1. We are responding to your email inquiry.
2. I am referencing the USB inquiry from you dated 6/12/23 where you stated in your inquiry “The Veteran said that even if his loan servicer provided him a package to keep the home his ex-wife would not sign off on that because she wants him to sell the home.” Is your ex-wife on the original note and/or Deed of Trust?
3. You wanted to discuss loss mitt options but based on your USB inquiry this would be pertinent in discussing to ascertain which high level home retention options are available.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, November 28, 2023 11:07 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Jacobs, Josh <Joshua.Jacobs@va.gov<mailto:Joshua.Jacobs@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; VA Hotline <VAHotline@va.gov<mailto:VAHotline@va.gov>>
Subject: [EXTERNAL] Re: VA Hotline Case No. 11559463

As a side note, I’ve made a FOIA request for “A print out showing the total number of VA Home Loans foreclosed on from 11/17/2023 until 5/31/2024.”

https://www.muckrock.com/foi/united-states-of-america-10/va-foreclosures-from-11172023-until-5312024-155134/

1. You’re seemingly pulling from m26-3(4.03)(c). M26-3(4.03)(c) details the VA’s policy of contact concerning a veteran borrower in an active bankruptcy during an Adequacy of Servicing review. Are you indirectly confirming the VA is currently conducting an Adequacy of Servicing review concerning my home loan?

2. I don’t think you have a firm grasp of the mortgage situation as far as it concerns my ex-wife. The mortgage is in my name only. Do you mind clarifying what you understand the situation is concerning my home loan and my ex-wife?

3. If the VA “…can only discuss loss mitt options vaguely because your loan is still under the protection of the Bankruptcy Court”, how can the VA inquire if my “…ex-wife would be willing to execute/sign an agreement”?

[image/jpeg]

[image/jpeg][image/jpeg]

[image/jpeg]

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Monday, November 27, 2023 10:56 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Subject: RE: VA Hotline Case No. 11559463

Good Morning Mr. Locke,

Although you may not agree, we are responding accordingly. Your loan is in active bankruptcy with Plant Home Lending and while you are under the protection of the Bankruptcy Courts and engaging with Planet Home Lending through the legal process of Bankruptcy we are unable to interfere with that legal process. If you have questions regarding your loan while it is in bankruptcy we encourage you to discuss it with your bankruptcy attorney and the judge.

You did get a Relief of Stay from the courts to discuss loss mitt options, we can only discuss loss mitt options vaguely because your loan is still under the protection of the Bankruptcy Court. We have tried to discuss loss mitt options with you, by inquiring if your ex-wife would be willing to execute/sign an agreement. You had previously informed the USB office that she is unwilling to sign which does impact your loss mitt options. Any option to bring your loan current by modifying the original terms of your loan, would require your ex-wife signing that agreement. The only option to bring your loan current without her agreement would be a repayment plan.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Monday, November 27, 2023 4:23 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: VA Hotline <VAHotline@va.gov<mailto:VAHotline@va.gov>>
Subject: [EXTERNAL] Re: VA Hotline Case No. 11559463

If you haven’t noticed, I don’t mind asking again

“We are unable to address due to your active bankruptcy with Planet Home Lending”

Pretend like we live in a world where VA employees can be held accountable.

Do your answers stay the same?

https://www.meritalk.com/articles/va-officials-unions-voice-opposition-to-restore-va-accountability-act/

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 9:20 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Marcus.Young@va.gov<mailto:Marcus.Young@va.gov> <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Vahotline@va.gov<mailto:Vahotline@va.gov> <Vahotline@va.gov<mailto:Vahotline@va.gov>>
Subject: Fw: VA Hotline Case No. 11559463

“The VA's Under Secretary for Benefits Josh Jacobs said in a separate statement that he encourages any Veteran who is struggling with making their payments to visit www.va.gov/housing-assistance<http://www.va.gov/housing-assistance> or call 877-827-3702<tel:877-827-3702>.

‘We at VA will do everything in our power to help Veterans stay in their homes’ Jacobs said.”

https://www.npr.org/2023/11/17/1213930706/va-halts-foreclosures-veterans

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 5:03 PM
To: Corridon, Michelle, VBAVACO <Michelle.Corridon@va.gov<mailto:Michelle.Corridon@va.gov>>
Subject: Fw: VA Hotline Case No. 11559463

Hello,

Thank you for the response.

Immediately below this message should be an email from NPR reporter Chris Arnold asking if I’m available Monday or Tuesday to talk about what I’ve been experiencing.

I hesitated because I wanted to say “Executive function and recall are issues for me even when I’m not talking about something that’s triggering like my home loan situation, so usually I try to mitigate those issues by corresponding via e-mail. Beyond that, I’ll have my kids most likely, and it’s hard to prevent the exacerbation talking about that talking about this causes from carrying over to my interactions with them.” I’m so desperate for assistance at this point that I just “Definitely, I can make whatever work.”

Michael Locke

________________________________

From: Chris Arnold <CArnold@npr.org<mailto:CArnold@npr.org>>
Sent: Friday, November 17, 2023 4:32 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Quil Lawrence <DLawrence@npr.org<mailto:DLawrence@npr.org>>
Subject: RE: VA Hotline Case No. 11559463

Hi Michael,

Thanks for reaching out. Are there some times Monday or Tuesday you could do an interview about what’s happening and what you’ve been dealing with over a zoom call?

Best,

Chris

Chris Arnold

Correspondent

Investigations

[cid:image006.gif@01DA2F5F.16B43B80]

(202) 513-4455<tel:(202)%20513-4455> office

(617) 835-4238<tel:(617)%20835-4238> cell

carnold@npr.org<mailto:carnold@npr.org>

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 4:25 PM
To: Quil Lawrence <DLawrence@npr.org<mailto:DLawrence@npr.org>>; Chris Arnold <CArnold@npr.org<mailto:CArnold@npr.org>>
Subject: Fw: VA Hotline Case No. 11559463

Hello, “Quick-sound5781” from Reddit here. I’ve more or less consolidated whatever correspondence I’ve had with the VA into this forwarded e-mail chain. Michael Locke From: Michael Locke <mbl22885@ msn. com> Sent: Friday, November 17, 2023

ZjQcmQRYFpfptBannerStart

External Email - Use Caution

ZjQcmQRYFpfptBannerEnd

Hello,

“Quick-sound5781” from Reddit here.

I’ve more or less consolidated whatever correspondence I’ve had with the VA into this forwarded e-mail chain.

Michael Locke

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 4:15 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Marcus.Young@va.gov<mailto:Marcus.Young@va.gov> <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Vahotline@va.gov<mailto:Vahotline@va.gov> <Vahotline@va.gov<mailto:Vahotline@va.gov>>
Subject: VA Hotline Case No. 11559463

1.

[image/jpeg]

https://www.reddit.com/r/VeteransBenefits/s/MhncKxDyHj

2. “A group of U.S. senators is asking the Department of Veterans Affairs to put an immediate stop to foreclosures on the homes of veterans and service members...

The VA did not have an immediate response to the letter from the lawmakers. But John Bell, the head of the VA's loan program, previously told NPR that the VA is ‘exploring all options at this point in time.’”

https://www.npr.org/2023/11/15/1213219040/senators-to-va-stop-needless-foreclosures-on-thousands-of-veterans

The no response from the VA seems to say a lot. Not that I’m particularly prescient or anything, but it seems like my comment on 8/15/2023 that the VA was due for a scandal wasn’t off-base.

________________________________

From: Corridon, Michelle, VBAVACO <Michelle.Corridon@va.gov<mailto:Michelle.Corridon@va.gov>>
Sent: Friday, November 17, 2023 3:46 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: VASP Program

Mr. Locke, I don’t have any new information at this time.

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>

Sent: Friday, November 17, 2023 2:36 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

Mr. Locke,

Unfortunately our system are not able to identify that specific information.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>

Sent: Friday, November 17, 2023 11:03 AM
To: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Subject: RE: GCR Referral - VASP Program

1.

https://www.npr.org/2023/11/15/1213219040/senators-to-va-stop-needless-foreclosures-on-thousands-of-veterans

2. https://www.banking.senate.gov/imo/media/doc/letter_to_va_secretary_mcdonough_foreclosures_111523.pdf

Any chance you guys (or the other VSOs) can help this pick up steam?

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 10:59 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Marcus.Young@va.gov<mailto:Marcus.Young@va.gov> <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

There’s nothing in the United States Code or Code of Federal Regulations that supports “VA cannot be party to your active bankruptcy with your servicer.” At no time have you cited anything with legal force to support your statements. If we’re going to talk about things the VA can’t do, can we please stick to real things that VA can’t do, like have a whatever your job title is make up a rule like “VA cannot be party to your active bankruptcy with your servicer”?

Would you consider providing me with a sworn affidavit under the penalty of perjury stating that the entirety of the information you have provided to me is true and correct to the best of your knowledge?

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 10:02 AM
To: consumerlaw@nclc.org<mailto:consumerlaw@nclc.org> <consumerlaw@nclc.org<mailto:consumerlaw@nclc.org>>
Subject: VA VASP Program

Hello,

My name is Michael Locke. I am a veteran with a VA Home Loan who would potentially benefit from the VA VASP program. I recently read an NPR article concerning veterans facing foreclosure after exhausting CARES ACT forbearance, the delay in the VA enacting a solution, and the VA’s ability to enact protections for effected veterans in the meantime. National Consumer Law Center Senior Attorney Steve Sharpe was quoted in the article.

Is a nationwide injunction possible in this situation should the VA not enact any protective measures?

Michael Locke

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Friday, November 17, 2023 9:54 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

Mr. Locke,

You are currently in an active bankruptcy with your servicer and VA cannot be party to your active bankruptcy with your servicer.

We encourage you to continue to work with your Bankruptcy attorney and the courts to resolve your delinquency.

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 9:27 AM
To: Corridon, Michelle, VBAVACO <Michelle.Corridon@va.gov<mailto:Michelle.Corridon@va.gov>>
Subject: VASP Program

Hello,

My name is Michael Locke. I am a veteran with a VA Home Loan who would potentially benefit from the VASP program. I previously corresponded with you regarding the VASP program in early October. At that time, I inquired as to whether the VA would be enacting any protective measures for Veterans like myself while the VA sorted out the specifics of the VASP program.

Is there any update on whether or not the VA will enact protective measures for VA home loans currently at risk of foreclosure?

It seems likely the mortgage industry will have a say in what the VASP program ultimately becomes, but is there anyone (to include Veterans Service Organizations) advocating on behalf of veterans?

Michael Locke

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 8:25 AM
To: VanBuren, Keith <Keith.VanBuren@mail.house.gov<mailto:Keith.VanBuren@mail.house.gov>>
Subject: Fw: Case No. 11190053 Re: Request for Discrepancy Explanation

1. “Will the VA stop thousands of veterans from losing their homes?”

https://www.npr.org/2023/11/11/1211855956/veterans-va-loans-foreclosure-covid-forbearance

2. “Senators to VA: Stop needless foreclosures on thousands of veterans”

https://www.npr.org/2023/11/15/1213219040/senators-to-va-stop-needless-foreclosures-on-thousands-of-veterans

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 8:13 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>
Subject: Re: Case No. 11190053 Re: Request for Discrepancy Explanation

"How many home loans were considered for possible refunding by the VA Phoenix Regional Loan Center pursuant to VA Circular 26-20-12? Since the circular was released 12 cases have been referred and considered for VA Purchase (formerly known as refunding)."

Were those VA refunds (or purchases) pursuant to VA Circular 26-20-12?

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, November 17, 2023 7:58 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>
Subject: Re: Case No. 11190053 Re: Request for Discrepancy Explanation

“We are unable to address due to your active bankruptcy with Planet Home Lending”

Pretend like we live in a world where VA employees can be held accountable.

Do your answers stay the same?

https://www.meritalk.com/articles/va-officials-unions-voice-opposition-to-restore-va-accountability-act/

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Thursday, November 16, 2023 5:59 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

Good evening Mr. Locke,

Here is the additional information.

1. Per Planet Home Lending "In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. The forbearance plan was extended multiple times August 2020 through August 31, 2021.” See https://www.dropbox.com/scl/fi/782550rsf8pb2n33pqqyw/Locke-final-CFPB-response-1.pdf?rlkey=ge7gsarfxmfgfwwzpnlldxtcv&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/782550rsf8pb2n33pqqyw/Locke-final-CFPB-response-1.pdf?rlkey=ge7gsarfxmfgfwwzpnlldxtcv&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysTidn7lE$>

What are the exact dates of “special forbearance” entered in VALERI for the home loan? This information has been provided to you before and through FOIA.

Did servicer Planet Home Lending fail to submit a CARES ACT forbearance for May of 2020? We are unable to address due to your active bankruptcy with Planet Home Lending

Did servicer Planet Home Lending fail to mark the home loan in VALERI as COVID-19 impacted until May 10th, 2022? We are unable to address due to your active bankruptcy with Planet Home Lending

If servicer Planet Home Lending failed to mark the home loan in VALERI as COVID-19 Impacted until May 10th, 2022, did this negatively impact the home loan being considered for “protections” as outlined in VA Circular 26-20-12? We are unable to address due to your active bankruptcy with Planet Home Lending

If not, how so? We are unable to address due to your active bankruptcy with Planet Home Lending

How many home loans were referred to the VA Phoenix Regional Loan Center for possible refunding pursuant to VA Circular 26-20-12? Since the circular was released 12 cases have been referred and considered for VA Purchase (formerly known as refunding). However, it’s unknown for sure if all were referred or we opened them.

How many home loans were considered for possible refunding by the VA Phoenix Regional Loan Center pursuant to VA Circular 26-20-12? Since the circular was released 12 cases have been referred and considered for VA Purchase (formerly known as refunding).

How many home loan were actually refunded by the VA Phoenix Regional Loan Center pursuant to VA Circular 26-20-12? Zero since the circular was released.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Monday, October 2, 2023 12:24 PM
To: Corridon, Michelle, VBAVACO <Michelle.Corridon@va.gov<mailto:Michelle.Corridon@va.gov>>
Subject: Re: GCR Referral - VASP Program

Hello,

Thank you for the response.

The HPC and MBA currently estimate there are approximately 147,000 veteran borrowers that are behind on their home loan payments with the majority of that 147,000 having note rates below the current market rate, preventing those veterans from being able to achieve an affordable payment with a traditional loan modification.

While you guys sort out the details, is the VA taking any steps to protect veterans with note rates below the current market rate who are behind on their home loan payments?

Michael Locke

________________________________

From: Corridon, Michelle, VBAVACO <Michelle.Corridon@va.gov<mailto:Michelle.Corridon@va.gov>>
Sent: Monday, October 2, 2023 11:42 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: GCR Referral - VASP Program

Hi Mr. Locke, VA will have an announcement after mid-October.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Monday, October 2, 2023 11:39 AM
To: Corridon, Michelle, VBAVACO <Michelle.Corridon@va.gov<mailto:Michelle.Corridon@va.gov>>
Subject: [EXTERNAL] Fw: GCR Referral - VASP Program

Hello,

My name is Michael Locke. I am a veteran with a VA Home Loan who would potentially benefit from the VASP program.

The following article is the best I can find regarding the current status of the VASP program:

"The VA loss-mitigation service program will more likely be launched next year, Michelle Corridon, deputy director of policy at VA, said during a recent MBA conference."

https://www.insidemortgagefinance.com/articles/228956-va-updates-mba-on-vasp-timeline?v=preview<https://urldefense.com/v3/__https:/www.insidemortgagefinance.com/articles/228956-va-updates-mba-on-vasp-timeline?v=preview__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysWL422PQ$>

The article is behind a paywall, so I’m in the dark regarding specifics.

Do you mind providing specifics regarding the status of the VASP program, or possibly having someone from your office provide said information?

Thank you for any consideration.

Michael Locke

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Sunday, September 24, 2023 3:15 PM
To: Laurie Weatherford <lauriew@c13orl.com<mailto:lauriew@c13orl.com>>
Cc: Jeffrey Badgley <jbadgley@badgleylawgroup.com<mailto:jbadgley@badgleylawgroup.com>>; requests@muckrock.com<mailto:requests@muckrock.com> <requests@muckrock.com<mailto:requests@muckrock.com>>
Subject: IN RE: MICHAEL BASS LOCKE 6:22-bk-02930-TPG

1. "The parties shall conclude the MMM process within 150 days of the filing or conversion of the case, unless that time is enlarged by written consent on the Portal, by stipulation of the parties, or by Court order."

See https://pacer.flmb.uscourts.gov/administrativeorders/DataFileOrder.asp?FileID=91

2. Upon my initial request for a CARES ACT related forbearance, servicer Planet Home Lending attempted to require providing a time range and specific impact of COVID-19 related hardship

See https://www.dropbox.com/scl/fi/mznrglt98owhm4g9uq7gr/phl-first-cares-act-forbearance.pdf?rlkey=9l6fhirvn1imrxzlwulza514m&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/mznrglt98owhm4g9uq7gr/phl-first-cares-act-forbearance.pdf?rlkey=9l6fhirvn1imrxzlwulza514m&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys96eAuPQ$>

3. The CARES ACT required servicers of federally backed loans to grant forbearance under the CARES ACT upon a borrower simply attesting to a hardship relating to the COVID-19 pandemic.

4. Per VA Circular 26-20-17 “To identify borrowers who have been impacted by COVID-19, VA is replacing the reason for default of “Energy/Environmental Cost” with “National Emergency Declaration” in the Electronic Default Notice (EDN) event. When a borrower requests forbearance due to COVID-19, servicers should use the new reason for default when reporting the EDN and then report the Special Forbearance event. Effective June 1, 2020, VALERI will accept the new reason for default prior to the 61st day of delinquency."

5. The VALERI system, which stands for Veterans Affairs’ Loan Electronic Reporting Interface, is a web-based application that allows VA employees and mortgage servicers to monitor and assist Veterans with VA-guaranteed home loans.

6. Per the VALERI records for my loan as of 6/22/2022, Planet Home Lending failed to inform the VA that my continued default was COVID-19 related until 5/10/2022. See https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757

[https://web.archive.org/web/20230130153859/https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757]

7. The same VALERI records demonstrate that the 5/2020 CARES ACT forbearance was never reported to the VA, despite 38 C.F.R. 36.4317 requiring any forbearance be reported after approval “…by the seventh day of the following month…”

8. Nearly 2 years after 2 years after the first CARES ACT related forbearance for the home loan, servicer Planet Home Lending eventually adhered to VA Circular 26-20-17 and applied the “National Emergency Declaration” designation to the home loan. See https://www.dropbox.com/scl/fi/mznrglt98owhm4g9uq7gr/phl-first-cares-act-forbearance.pdf?rlkey=9l6fhirvn1imrxzlwulza514m&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/mznrglt98owhm4g9uq7gr/phl-first-cares-act-forbearance.pdf?rlkey=9l6fhirvn1imrxzlwulza514m&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys96eAuPQ$>

9. This delay complicated communication between myself and the VA considerably, as the VA Loan Guaranty employee tasked with intervening seemed to take the content of the VALERI record as indisputable gospel.

See https://www.dropbox.com/scl/fi/c18bf6632hwxn0dxyjfri/Marcus-Young-Letters.pdf?rlkey=38aukt3tzjraig5hkllxfy4bp&dl=0

10. Further, due to the delay designating the home loan as COVID-19 affected, the home loan was apparently never considered for relief under VA Circular 26-20-12.

11. In the final VA partial claim payment program rule issued via the Federal Register, the VA specifically identified VA Circular 26-20-12 as the means for which servicer’s were to use to bring a loan current that defaulted prior to Covid-19. See https://www.govinfo.gov/content/pkg/FR-2021-05-28/pdf/2021-11373.pdf

12. On 6/17/2022 VA Loan Guaranty Officer Marcus Young was questioned regarding my lack of consideration for relief under VA Circular 26-20-12, he responded “The circulars referenced are specific to COVID-19. Your default occurred prior to COVID-19.” See https://www.dropbox.com/scl/fi/npatrygy03jgtpo9t304j/Marcus-Young-No-26-20-12.pdf?rlkey=q1vd2o7cg3ndenuge80ri9i1j&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/npatrygy03jgtpo9t304j/Marcus-Young-No-26-20-12.pdf?rlkey=q1vd2o7cg3ndenuge80ri9i1j&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys-d0gD9U$>

13. Section 1 of VA Circular 26-20-12 explicitly states “The servicer must ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current. Failure to do so could impact a future claim payment and could lead to other legal or administrative action(s) against the servicer.”

14. VA Circular 26-20-12(5)(c) states “Servicers should review loan files for all possible loss mitigation options no later than 30 days before the forbearance period is scheduled to end. Servicers should document such reviews in their loan servicing systems. If no loss mitigation options are possible, in cases where the home has equity, servicers must refer the file to the relevant Regional Loan Center for VA’s consideration of a loan refunding.”

15. Planet Home Lending was seemingly aware of VA Circular 26-20-12(5)(c), and attempted to circumvent as much, as the VALERI records reflect a “repayment plan approved” entered on 8/19/2020 with a start date of 5/1/2020 and an estimated cure date of 11/1/2020.

16. Per 38 C.F.R. 36.4301 “A repayment plan is a written executed agreement by and between the borrower and the holder to reinstate a loan that is 61 or more calendar days delinquent, by requiring the borrower to pay each month over a fixed period (minimum of three months duration) the normal monthly payments plus an agreed upon portion of the delinquency each month.”

17. On 8/20/2020 I received an e-mail from VA Home Loan Technician Louis Krejci that stated in part “The servicer responded to you and sent you an email with what is required to send to them for a completed package. They will not review your file until a completed package is received. I suggest reviewing their email and submit the requested documents. They own your loan and require a completed package to review.”

18. Planet Home Lending utilizes an online “Loan Solution Center” for the processing of loss mitigation packages.

19. The “Loan Solution Center” includes a “Document Center” displaying documents submitted by a borrower and loss mitigation options offered by Planet Home Lending.

20. The “Document Center” for my home loan shows no repayment plan offered or written agreement concerning a repayment plan.

21. “The VA will introduce a new Servicing Purchase Program in July. It's a new way of making a ‘last-ditch effort’ in the waterfall to keep veterans in homes, said John Bell III, executive director of the agency. Through the initiative, the VA will take a loan back, pay and make the servicer whole, and put the borrower on an interest rate that’s not available in the marketplace.” https://www.nationalmortgagenews.com/news/usda-va-tease-loss-mit-tribal-land-initiatives

22. “MBA Submits Recommendations on the VA Servicing Purchase Program on Monday, MBA and the Housing Policy Council submitted recommendations to the Department of Veterans Affairs (VA) regarding its new Servicing Purchase Program (VASP). VASP is expected to be introduced as VA’s new loss mitigation program for distressed veteran borrowers for high-interest rate environments. MBA’s recommendations follow several conversations with the VA throughout the development of VASP.”

23. https://newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/

24. “Despite the VA’s engagement with industry in recent months, VA has not provided any written program description, outline or framework. MBA and HPC believe stakeholders should have the opportunity to provide feedback on the program’s design and implementation. Specific issues that require greater transparency include the maximum number of borrowers served, the ability to provide relief promptly, VASP’s compliance with Regulation X (RESPA), and the ability to facilitate successful servicing transfers.”

https://newslink.mba.org/mba-newslinks/2023/august/mba-newslink-monday-aug-7-2023/mba-advocacy-update-aug-7-tk

25. “A solution like this is needed because approximately 147,000 veteran borrowers are estimated to be behind on their mortgage payments and those with note rates below the current market rate will not be able to achieve an affordable payment with a traditional loan modification.”

https://www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf<https://urldefense.com/v3/__https:/www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysC7e0pl8$>?

26. The VA already has a similar option called a “refunding.”

https://www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4%20Chapter%209%20Refunds%20-%205-2017.docx<https://urldefense.com/v3/__https:/www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4*20Chapter*209*20Refunds*20-*205-2017.docx__;JSUlJSU!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysH4oxF-o$>

27. Matt Douglas, Vice President of Mortgage Policy for the Housing Policy Council, has stated that a key difference between the “refund” and the “VASP Program” is that the number of considered loans could go from a couple dozen a year to tens of thousands.

See https://www.dropbox.com/scl/fi/omqhswxuolw7yi8oxmjbl/HPC-email.pdf?rlkey=8oder8r6fysrseveeg9uraj0e&dl=0

28. He also stated that as of 8/26/2023 the VA “have not shared a detailed/comprehensive process with us.”

29. From this point, I proceeded to engage with the Grassroots and Constituent Affairs Coordinator of the Wounded Warrior Project for more information concerning the VASP program.

See https://www.dropbox.com/scl/fi/h0h82au489z8qonqaedf2/JuanWWPVASP.pdf?rlkey=7tz1198ig8g0wm78e6w1q1taf&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/h0h82au489z8qonqaedf2/JuanWWPVASP.pdf?rlkey=7tz1198ig8g0wm78e6w1q1taf&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys2Kd6U-g$>

30. As I understand it, the VASP is set to be introduced at “….the beginning of October….”

See https://www.dropbox.com/scl/fi/h0h82au489z8qonqaedf2/JuanWWPVASP.pdf?rlkey=7tz1198ig8g0wm78e6w1q1taf&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/h0h82au489z8qonqaedf2/JuanWWPVASP.pdf?rlkey=7tz1198ig8g0wm78e6w1q1taf&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys2Kd6U-g$>

31. The Department of Veterans Affairs Benefits Administration introduced their “Automated Decision Support (ADS)” system in December of 2021, and has since escalated it’s usage to “…enable faster, more accurate, and consistent decisions for Veterans and their beneficiaries” concerning benefits claims. See https://www.dropbox.com/scl/fi/4ubxwuoe4rxoc2j80mrfo/Automated-Decision-Support-VBA-Home-Loans.pdf?rlkey=rs0pnc6x8j9lmm194fgiq9ez9&dl=0

32. There’s nothing publicly available stating that the Department of Veterans Affairs Benefits Administration is using their “ADS” system in the processing of claims related to VA Home Loans, but it seems likely, or at the least, a reasonable accommodation for the estimated 147,000 presumably disabled veterans with defaulted loans unknowingly awaiting the introduction of the VASP program.

Considering the proceeding information I’m asking that the court extend the time allowed for the MMM process until such time as the Department of Veterans Affairs introduces their Veterans Assistance Servicing Purchase (VASP) program.

I hereby certify under penalty of perjury under the laws of the United States of America, that the

Information contained within this e-mail is true and correct. Executed on September 24, 2023.

/s/Michael Bass Locke

127 Delvalle St.

Melbourne Beach, FL 32951

(321) 506-9557<tel:(321)%20506-9557>

Mbl22885@msn.com<mailto:Mbl22885@msn.com>

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Thursday, September 7, 2023 7:17 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Cc: Jeffrey Badgley <jbadgley@badgleylawgroup.com<mailto:jbadgley@badgleylawgroup.com>>; Jon Masters <jmasters@badgleylawgroup.com<mailto:jmasters@badgleylawgroup.com>>; VA Hotline <VAHotline@va.gov<mailto:VAHotline@va.gov>>; Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: [EXTERNAL] Re: Case No. 11190053 Re: Request for Discrepancy Explanation

Hey,

Thanks for the info.

Was it spurred by someone from the Office of the Executive Secretary or my ex, or a mix of both?

1. Per Planet Home Lending "In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. The forbearance plan was extended multiple times August 2020 through August 31, 2021.” See https://www.dropbox.com/scl/fi/782550rsf8pb2n33pqqyw/Locke-final-CFPB-response-1.pdf?rlkey=ge7gsarfxmfgfwwzpnlldxtcv&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/782550rsf8pb2n33pqqyw/Locke-final-CFPB-response-1.pdf?rlkey=ge7gsarfxmfgfwwzpnlldxtcv&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysTidn7lE$>

What are the exact dates of “special forbearance” entered in VALERI for the home loan?

Did servicer Planet Home Lending fail to submit a CARES ACT forbearance for May of 2020?

Did servicer Planet Home Lending fail to mark the home loan in VALERI as COVID-19 impacted until May 10th, 2022?

If servicer Planet Home Lending failed to mark the home loan in VALERI as COVID-19 Impacted until May 10th, 2022, did this negatively impact the home loan being considered for “protections” as outlined in VA Circular 26-20-12?

If not, how so?

How many home loans were referred to the VA Phoenix Regional Loan Center for possible refunding pursuant to VA Circular 26-20-12?

How many home loans were considered for possible refunding by the VA Phoenix Regional Loan Center pursuant to VA Circular 26-20-12?

How many home loan were actually refunded by the VA Phoenix Regional Loan Center pursuant to VA Circular 26-20-12?

The section you highlighted from the OIG report to justify further AOS reviews not being conducted on the home loan doesn’t state anything to support a change in policy for further AOS reviews beyond 120 days of initial default.

“Specifically, the audit team found that in some instances LGY was unaware servicers were not reporting loan status, while in other instances it did not ensure loan servicers sent the borrowers the required loss mitigation letters. The audit team also found that LGY did not conduct quarterly monitoring of loan servicing and did not implement a mandatory tier-ranking system for loan servicers. The LGY director previously stated the upgraded VA Loan Electronic Reporting Interface (VALERI) system expected to be implemented by May 2019 (subsequently implemented on May 28, 2019) would provide these capabilities. The audit team and LGY also identified potential loan servicing risks to borrowers in disaster areas.”

The section you highlighted from the OIG report doesn’t state anything to do with changes to how AOS reviews are conducted.

See https://www.dropbox.com/scl/fi/ubqp4ii389qyizxnfl15v/VAOIG-18-03979-204-2.pdf?rlkey=uxew1a0h9wd793t7y7mdzv4e9&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/ubqp4ii389qyizxnfl15v/VAOIG-18-03979-204-2.pdf?rlkey=uxew1a0h9wd793t7y7mdzv4e9&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysMRrjqFk$>

Per servicer Planet Home Lending, the home loan is current as of 6/1/2020. Do VALERI records for the home loan reflect the same?

“RFD was confirmed in our conversation dated 8/14/20”

[image/jpeg]

See https://www.dropbox.com/scl/fi/evua6t6qii5ukamxztpq1/louis-krejci-8142020.pdf?rlkey=xvuxb8id9tgijy7wqdbgioio3&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/evua6t6qii5ukamxztpq1/louis-krejci-8142020.pdf?rlkey=xvuxb8id9tgijy7wqdbgioio3&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysPZYdqOA$>

Do you mind clarifying the RFD that was confirmed on 8/14/2020?

Would you consider ending your response e-mail with “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).(Signature)”?

Michael Locke

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Wednesday, September 6, 2023 6:10 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

Good afternoon Mr. Locke,

Here are the recent inquires that we owed you a response.

The Reason for Default (RFD) as follows:

Electronic Default Notice filed 12/2/19 and RFD – MaritalDifficulties

RFD was confirmed in our conversation dated 8/14/20

Reason For Default Update filed 3/24/22 (did not process in our system) and RFD – CurtailmentOfIncome

There were several business rules that did not process.

Reason for Default Updated filed 5/10/22 and RFD- NationalEmergencyDeclaration

Reason for Default Updated filed 6/23/22 and RFD – MaritalDifficulties

Reason for Default Updated filed 7/1/22 and RFD – NationalEmergencyDeclaration

Reason for Default Updated filed 7/8/22 and RFD – MaritalDifficulties

FYI – having the RFD marked “National Emergency Declaration” does not qualify you for a VA Partial Claim.

We have received your request to sell the VA your property. We are unable to support this request.

As for your inquiry to the Adequacy of Servicing (AOS) process, your AOS process was processed in our updated system which implemented in May 2019. Since that time, the AOS review is only required one time when a loan falls 120 days delinquent. The OIG report you are referring to reviewed loans in the previous system, and in the report, itself notes that “The LGY director previously stated the upgraded VA Loan Electronic Reporting Interface (VALERI) system expected to be implemented by May 2019 (subsequently implemented on May 28, 2019) would provide these capabilities.”

From: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Sent: Wednesday, September 6, 2023 3:34 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: GCR Referral - VASP Program

Hi Michael,

No worries! I am a dad and completely understand that. At this time there isn’t much to show because so many things can change between now and the first week of October. I wouldn’t want to share this program without having anything tangible directly from the VA to corroborate it. I hope that makes sense. In the meantime, let's stand by for word from the VA. I’ll keep you posted if I hear anything from Congress. Please do not hesitate to contact me or the resource center if you need assistance with anything else.

Semper Fidelis,

Juan

JUAN VALDEZ

grassroots and constituent affairs coordinator

O: 904.489.1435<tel:904.489.1435>

M: 202.558.4331<tel:202.558.4331>

Wounded Warrior Project

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From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, September 6, 2023 3:29 PM
To: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Subject: Re: GCR Referral - VASP Program

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious email by using the “Report Suspicious Email” button or forwarding the message to "phish@woundedwarriorproject.org<mailto:phish@woundedwarriorproject.org>".

________________________________

Hey,

Sorry about the missing the call. I had just picked the kids up from school.

Thank you. If you would on the updates, I’d appreciate it. I’m 1 of the 147,000. My home is protected for now due to the stay from a chapter 13 bankruptcy, but I do have an attorney and I think he’ll be able to use the info.

No worries. I know you saw searching the internet that there’s not a lot out there as far as information, so I can’t imagine the veterans that really need to know actually do know. Is there anything that can be done so that more veterans know?

Michael Locke

________________________________

From: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Sent: Wednesday, September 6, 2023 3:15 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: GCR Referral - VASP Program

Hi Michael,

I left you a call earlier. I got off the phone with Brendan from MBA; he said the VA is keeping it under wraps until the beginning of October, but you already knew that information. He’ll keep me posted once the VA makes an announcement. In the interim, I’ve reached out to some friends on the Hill to see if they can gather some more information for me on their end. If I get anything back, I can shoot you a message if you’d like me to keep you updated. Thanks again for bringing this to my attention.

Semper Fidelis,

Juan

JUAN VALDEZ

grassroots and constituent affairs coordinator

O: 904.489.1435<tel:904.489.1435>

M: 202.558.4331<tel:202.558.4331>

Wounded Warrior Project

1120 G St NW

Washington, DC 20005

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CONNECT >> SERVE >> EMPOWER

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, September 6, 2023 2:34 PM
To: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Subject: Re: GCR Referral - VASP Program

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious email by using the “Report Suspicious Email” button or forwarding the message to "phish@woundedwarriorproject.org<mailto:phish@woundedwarriorproject.org>".

________________________________

Hey Juan,

VASP was supposed to be introduced on 7/1/2023. From what I can tell, the additional commentary period was requested due to MBA/HPC being completely in the dark regarding a “written program description, outline or framework” for VASP. The request for an additional commentary period is interesting considering it could be argued that MBA/HPC have commented on VASP already.

“MBA Submits Recommendations on the VA Servicing Purchase Program on Monday, MBA and the Housing Policy Council submitted recommendations to the Department of Veterans Affairs (VA) regarding its new Servicing Purchase Program (VASP). VASP is expected to be introduced as VA’s new loss mitigation program for distressed veteran borrowers for high-interest rate environments. MBA’s recommendations follow several conversations with the VA throughout the development of VASP.”

https://newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/<https://urldefense.com/v3/__https:/newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysBYSMot0$>

Nothing from Brendan Kelleher.

Michael Locke

________________________________

From: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Sent: Wednesday, September 6, 2023 1:32 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: GCR Referral - VASP Program

Hi Michael,

I agree with you on both things; first, mandatory means required, and second, this is a huge deal for the community. However, I don’t believe the link to the “Loss-Mitigation Options for Guaranteed Loans” link is the correct link for the VASP. Mainly because MBA is asking for a period of public comment instead of a reopening of it. Moreover, the link already had the comment period close in January of 2023. Meanwhile, MBA is asking for a public comment period in their July 26 letter. I noticed that you copied Brendan Kelleher; did he respond to your e-mail outside of what you’ve sent me thus far?

Regarding your question about the 147,000 default home loans, unfortunately, I don’t know, I’d speculate that not very many of them are equipped to handle this given that they’re already in a stressful financial situation.

Lastly, I want to say thank you for handing me this puzzle. I am going to try to find out as much as possible about VASP. Thank you for your time and for the opportunity to learn something new.

Semper Fidelis,

Juan

JUAN VALDEZ

grassroots and constituent affairs coordinator

O: 904.489.1435<tel:904.489.1435>

M: 202.558.4331<tel:202.558.4331>

Wounded Warrior Project

1120 G St NW

Washington, DC 20005

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CONNECT >> SERVE >> EMPOWER

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, September 6, 2023 9:57 AM
To: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Subject: Re: GCR Referral - VASP Program

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious email by using the “Report Suspicious Email” button or forwarding the message to "phish@woundedwarriorproject.org<mailto:phish@woundedwarriorproject.org>".

________________________________

Hey Juan,

Thank you for the response.

The VA wasn’t referring to the program as VASP when it was announced, but here’s the federal register link:

https://www.federalregister.gov/documents/2022/10/17/2022-22414/loan-guaranty-loss-mitigation-options-for-guaranteed-loans<https://urldefense.com/v3/__https:/www.federalregister.gov/documents/2022/10/17/2022-22414/loan-guaranty-loss-mitigation-options-for-guaranteed-loans__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysRKdRdqI$>

The Vice President of Mortgage Policy for the Housing Policy Council said something to the effect that the VASP program would be “mandatory,” but I never received explicit confirmation of exactly what he meant, and the best I could get from the VA was “VA has not publicly announced this program and does have not a confirmed date for which a new program will be announced. Implementation of new programs may take many months as the mortgage industry has to adapt policies and technology to any changes made to the VA Home Loan program.”

https://www.dropbox.com/scl/fi/omqhswxuolw7yi8oxmjbl/HPC-email.pdf?rlkey=8oder8r6fysrseveeg9uraj0e&dl=0<https://urldefense.com/v3/__https:/www.dropbox.com/scl/fi/omqhswxuolw7yi8oxmjbl/HPC-email.pdf?rlkey=8oder8r6fysrseveeg9uraj0e&dl=0__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYyspJoiEPs$>

Admittedly, I’m not an expert by any standard definition, but if “mandatory” is meant in the way it seems, VASP is about as big of a deal as the post 9/11 GI BILL.

I apologize if this is unbecoming, but I know you have a background as a paralegal. If it’s 147,000 that are currently in default, how many of the 147,000 do you think are equipped to argue against a foreclosure in state court or a bankruptcy for a stay pending VASP being implemented?

Why not a national injunction?

Michael Locke

________________________________

From: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Sent: Wednesday, September 6, 2023 9:28 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: GCR Referral - VASP Program

Hi Michael,

Thank you for bringing the VASP program to my attention. Although I recall hearing about VASP in the past, I’ve had difficulty finding out anything about it. I’ve searched the federal register, congress.gov, and Google. Google is the only one that renders any results, and the results were the links you shared with me. I am meeting with one of my government affairs teammates today to discuss VASP and its status. It may take some time until I find something more definitive than the articles you’ve shared, but I’ll be on the hunt for it. Thank you again for sharing this with us and for your time.

Semper Fidelis,

Juan

JUAN VALDEZ

grassroots and constituent affairs coordinator

O: 904.489.1435<tel:904.489.1435>

M: 202.558.4331<tel:202.558.4331>

Wounded Warrior Project

1120 G St NW

Washington, DC 20005

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CONNECT >> SERVE >> EMPOWER

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, September 5, 2023 9:25 AM
To: info@plainlanguage.gov<mailto:info@plainlanguage.gov> <info@plainlanguage.gov<mailto:info@plainlanguage.gov>>
Subject: Fw: Veteran with an issue understanding VA Documents

Hello,

I’m unsure if this office could be of any assistance, but I figured I’d give it a shot.

1. My issue pertains to VA manual 26-3 Loan Management and Service Policies, Procedures, and Methods, Loan Guaranty Operations for Regional Offices, chapter 4, section 08. See https://www.benefits.va.gov/WARMS/docs/admin26/m26_03/Ch4_DelinquentLoanServicing.docx<https://urldefense.com/v3/__https:/www.benefits.va.gov/WARMS/docs/admin26/m26_03/Ch4_DelinquentLoanServicing.docx__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysJlc_EAE$>

2. The relevant exert states “VA will not attempt contact with Veterans who have filed bankruptcy; however, if the borrower reaches out to VA, VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim.”

3. There’s nothing else publicly available from the VA stating a policy for VA Home Loans involved in a bankruptcy.

4. The exert is not plain language or plain writing.

5. An example of the exert in plain language would be “The VA will not contact veterans who have filed for bankruptcy. However, if a veteran who has filed for bankruptcy contacts the VA, the VA will discuss the veteran's options and the consequences of the loan terminating and the VA paying a claim.”

6. Another example would be “If you file for bankruptcy, VA will not contact you. But if you contact VA, we will tell you what you can do and what will happen to your loan entitlement if the loan ends and VA pays a claim.”

What are the options to remedy the situation?

Thank you for any consideration.

Michael Locke

From: Drake, Vivian <Vivian.Drake@va.gov<mailto:Vivian.Drake@va.gov>>
Sent: Monday, September 4, 2023 4:26 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: Veteran with an issue understanding VA Documents

Good afternoon Michael,

Thank you for your email. I will have someone reach out to you tomorrow on this.

Thanks.

Vivian Drake

Staff Assistant

Office of the Executive Secretary

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Sunday, September 3, 2023 5:41 PM
To: Drake, Vivian <Vivian.Drake@va.gov<mailto:Vivian.Drake@va.gov>>
Subject: [EXTERNAL] Fw: Veteran with an issue understanding VA Documents

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Thursday, August 31, 2023 4:56 PM
To: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Subject: Re: GCR Referral - VASP Program

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report suspicious email by using the “Report Suspicious Email” button or forwarding the message to "phish@woundedwarriorproject.org<mailto:phish@woundedwarriorproject.org>".

________________________________

Hey Juan,

Thanks for the message.

I actually reached out regarding a new VA home loan program called the Veteran’s Assistance Servicing Purchase program.

1. “The VA will introduce a new Servicing Purchase Program in July. It's a new way of making a ‘last-ditch effort’ in the waterfall to keep veterans in homes, said John Bell III, executive director of the agency. Through the initiative, the VA will take a loan back, pay and make the servicer whole, and put the borrower on an interest rate that’s not available in the marketplace.” https://www.nationalmortgagenews.com/news/usda-va-tease-loss-mit-tribal-land-initiatives<https://urldefense.com/v3/__https:/www.nationalmortgagenews.com/news/usda-va-tease-loss-mit-tribal-land-initiatives__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysq8bMT2w$>

2. “MBA Submits Recommendations on the VA Servicing Purchase Program on Monday, MBA and the Housing Policy Council submitted recommendations to the Department of Veterans Affairs (VA) regarding its new Servicing Purchase Program (VASP). VASP is expected to be introduced as VA’s new loss mitigation program for distressed veteran borrowers for high-interest rate environments. MBA’s recommendations follow several conversations with the VA throughout the development of VASP.”

https://newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/<https://urldefense.com/v3/__https:/newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysBYSMot0$>

3. “Despite the VA’s engagement with industry in recent months, VA has not provided any written program description, outline or framework. MBA and HPC believe stakeholders should have the opportunity to provide feedback on the program’s design and implementation. Specific issues that require greater transparency include the maximum number of borrowers served, the ability to provide relief promptly, VASP’s compliance with Regulation X (RESPA), and the ability to facilitate successful servicing transfers.”

https://newslink.mba.org/mba-newslinks/2023/august/mba-newslink-monday-aug-7-2023/mba-advocacy-update-aug-7-tk<https://urldefense.com/v3/__https:/newslink.mba.org/mba-newslinks/2023/august/mba-newslink-monday-aug-7-2023/mba-advocacy-update-aug-7-tk__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysWFVPPRk$>

4. “A solution like this is needed because approximately 147,000 veteran borrowers are estimated to be behind on their mortgage payments and those with note rates below the current market rate will not be able to achieve an affordable payment with a traditional loan modification.”

https://www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf?<https://urldefense.com/v3/__https:/www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf?__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYyspIx6wwc$>

5. The VA already has a similar option called a “refunding.”

https://www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4%20Chapter%209%20Refunds%20-%205-2017.docx<https://urldefense.com/v3/__https:/www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4*20Chapter*209*20Refunds*20-*205-2017.docx__;JSUlJSU!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysH4oxF-o$>

6. Matt Douglas, Vice President of Mortgage Policy for the Housing Policy Council, has stated that a key difference between the “refund” and the “VASP Program” is that the number of considered loans could go from a couple dozen a year to tens of thousands.

7. He also stated that as of 8/26/2023 the VA “have not shared a detailed/comprehensive process with us.”

Just to recap, the program was supposed to be implemented on 7/1/2023, but wasn’t. The VA hasn’t shared anything specific with the groups representing mortgage companies. There are potentially as many as 147,000 veteran homeowners at risk of losing their homes and are most likely completely unaware of this new program. The number of loans/mortgages potentially considered under the program is a number the VA (in my opinion) is not at all equipped to handle.

Thank you again.

Michael Locke

________________________________

From: Juan Valdez <jvaldez@woundedwarriorproject.org<mailto:jvaldez@woundedwarriorproject.org>>
Sent: Thursday, August 31, 2023 4:22 PM
To: mbl22885@msn.com<mailto:mbl22885@msn.com> <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: GCR Referral - VASP Program

[https://app.salesforceiq.com/t.png?c=outlook&t=AFwhZf2HRzOX2wavcs3oNbv6sa5Jyt-GRZO48MjO7-Pj-WPNiS-nRWkHyHdNeOy-N01bNHcnxBPK2JVwqonW3JtFJo-jY4iajTm16ug2RCFrFeMhZwk9C5lTrvCVlz539f2GMQGesXKT]Hi Michael,

I hope you’re having a great week. I recently received a referral from the resource center regarding some questions about the VA’s pension program<https://urldefense.com/v3/__https:/www.va.gov/pension/eligibility/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys6nMZQVM$>. I'm happy to answer any questions you may have about the program. Please send your questions at your earliest convenience, and I will answer them promptly. Thank you for your service and for the opportunity to be of service to you.

Semper Fidelis,

Juan

JUAN VALDEZ

grassroots and constituent affairs coordinator

O: 904.489.1435<tel:904.489.1435>

M: 202.558.4331<tel:202.558.4331>

Wounded Warrior Project

1120 G St NW

Washington, DC 20005

Facebook<https://urldefense.com/v3/__https:/www.facebook.com/wwp__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys5eivD2E$> | Twitter<https://urldefense.com/v3/__https:/twitter.com/wwp__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysXkroUM0$> | YouTube<https://urldefense.com/v3/__https:/www.youtube.com/user/WoundedWarriorProjec__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysinL6O14$>

LinkedIn<https://urldefense.com/v3/__https:/www.linkedin.com/company/wounded-warrior-project/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys6LCNCs8$> | Instagram<https://urldefense.com/v3/__https:/www.instagram.com/wwp/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysXzvQIJo$>

woundedwarriorproject.org<https://urldefense.com/v3/__http:/www.woundedwarriorproject.org/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysvU4JmSI$>

CONNECT >> SERVE >> EMPOWER

From: Michael Locke

Sent: Friday, August 25, 2023 3:46 PM
To: VAPlainLanguage@va.gov<mailto:VAPlainLanguage@va.gov> <VAPlainLanguage@va.gov<mailto:VAPlainLanguage@va.gov>>
Subject: Veteran with an issue understanding VA Documents

1. My issue pertains to VA manual 26-3 Loan Management and Service Policies, Procedures, and Methods, Loan Guaranty Operations for Regional Offices, chapter 4, section 08. See https://www.benefits.va.gov/WARMS/docs/admin26/m26_03/Ch4_DelinquentLoanServicing.docx<https://urldefense.com/v3/__https:/www.benefits.va.gov/WARMS/docs/admin26/m26_03/Ch4_DelinquentLoanServicing.docx__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysJlc_EAE$>

2. Specifically, the portion that states “VA will not attempt contact with Veterans who have filed bankruptcy; however, if the borrower reaches out to VA, VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim.”

3. My understanding is that based on the plain writing, “VA will not attempt contact with Veterans who have filed bankruptcy; however, if the borrower reaches out to VA, VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim…” is a compound-complex sentence that has two independent clauses (VA will not attempt contact with Veterans who have filed bankruptcy and VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim) joined by a coordinating conjunction (however) and one dependent clause (if the borrower reaches out to VA) that modifies the second independent clause. The second independent clause means that VA will discuss the Veteran’s options and the loss of entitlement if the borrower reaches out to VA. The phrase “should the loan terminate and VA pays a claim” is a conditional clause that describes a possible scenario that would result in the loss of entitlement for the borrower. It does not imply that VA will only discuss options and entitlements in that scenario.

4. The VA employee I’ve engaged with to this point has stated “At this this time, your loan has not terminated and therefore we cannot ‘discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim.’”

5. When pressed for further clarification on the provided interpretation, the employee declined to clarify.

Can this office (or someone within the VA with expertise regarding “plain writing”) please provide input on the plain writing meaning of “VA will not attempt contact with Veterans who have filed bankruptcy; however, if the borrower reaches out to VA, VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim…”?

Thank you for any consideration.

Michael Locke

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Thursday, August 24, 2023 10:45 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Cc: SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; VA Hotline <VAHotline@va.gov<mailto:VAHotline@va.gov>>; Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; Jeffrey Badgley <jbadgley@badgleylawgroup.com<mailto:jbadgley@badgleylawgroup.com>>; Jon Masters <jmasters@badgleylawgroup.com<mailto:jmasters@badgleylawgroup.com>>
Subject: [EXTERNAL] Re: Case No. 11190053 Re: Request for Discrepancy Explanation

1. On 4/8/2020 the VA states in part via Circular 26-20-12 “A borrower with a VA-guaranteed or VA-held loan…who is experiencing a financial hardship due, directly or indirectly, to the COVID–19 emergency may request a loan forbearance, regardless of delinquency status, by submitting a request to the borrower’s servicer; and attesting that the borrower is experiencing a financial hardship due to the COVID–19 emergency…If the borrower makes the attestation discussed above, the servicer must grant the forbearance request, with no additional documentation.” See https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_20_12.pdf<https://urldefense.com/v3/__https:/www.benefits.va.gov/HOMELOANS/documents/circulars/26_20_12.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysFboshsI$>

2.

[image/jpeg]

3. Per VA Circular 26-20-17 “To identify borrowers who have been impacted by COVID-19, VA is replacing the reason for default of “Energy/Environmental Cost” with “National Emergency Declaration” in the Electronic Default Notice (EDN) event. When a borrower requests forbearance due to COVID-19, servicers should use the new reason for default when reporting the EDN and then report the Special Forbearance event. Effective June 1, 2020, VALERI will accept the new reason for default prior to the 61st day of delinquency." See https://www.benefits.va.gov/HOMELOANS/documents/circulars/26_20_17.pdf<https://urldefense.com/v3/__https:/www.benefits.va.gov/HOMELOANS/documents/circulars/26_20_17.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysPxx6_YM$>

4. On 3/24/2022 Planet Home Lending submitted a VALERI event titled “Reason for Default Update.” See https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757<https://urldefense.com/v3/__https:/www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/*file-1023757__;Iw!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys7G7jQ0c$> [https://web.archive.org/web/20230130153859/https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757]

5. The rule evaluation status for this event states “Not processed.” See previously provided muckrock link

6. The VALERI Servicer User Guide states when an event is “not processed,” the “Event was withdrawn by the Servicer before processing.”

See https://www.benefits.va.gov/HOMELOANS/documents/docs/valeri-servicer-user-guide.pdf<https://urldefense.com/v3/__https:/www.benefits.va.gov/HOMELOANS/documents/docs/valeri-servicer-user-guide.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysjKxCwTg$>

7. On 5/10/2022 Planet Home Lending submits another “Reason for Default Update” event via VALERI. See previously provided muckrock link

8. The 5/10/2022 “Reason for Default Update” rule evaluation status states “Accepted.” See previously provided muckrock link

9.The VALERI Servicer User Guide states when an event is “Accepted,” that “All event rules passed with no failing business rules.” See previously provided link for VALERI Servicer User Guide

10. The VALERI records for the loan as of 6/17/2022 reflect the home loan as marked for “National Emergency Declaration (NED).” See previously provided muckrock link

Based off this information, I have the following questions:

1. What was the “Reason for Default” reported on 3/24/2022, but ultimately withdrawn?

2. What was the “Reason for Default” in VALERI prior to 5/10/2022?

3. On what date was the home loan marked for “National Emergency Declaration (NED)” in VALERI?

Michael Locke

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Tuesday, August 22, 2023 5:31 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

Good afternoon Mr. Locke,

We have provided you responses to your inquiries and instead of trying to find a solution to resolving your situation, you prefer to argue with us over policies and procedures. At this time, we are unable to assist you any further until you are willing to cooperate with us and provide productive and forward moving discussions.

If in the future you choose to engage with us in a positive and productive manner, we will be happy to assist.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Monday, August 21, 2023 6:24 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Cc: SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; VA Hotline <VAHotline@va.gov<mailto:VAHotline@va.gov>>; Jeffrey Badgley <jbadgley@badgleylawgroup.com<mailto:jbadgley@badgleylawgroup.com>>; Jon Masters <jmasters@badgleylawgroup.com<mailto:jmasters@badgleylawgroup.com>>
Subject: [EXTERNAL] Re: Case No. 11190053 Re: Request for Discrepancy Explanation

1. You say “VA’s system was unable to reflect all the necessary changes for the COVID pandemic. Unfortunately, VA had to spend it resources building out the Partial Claim program. So, while the servicer was updating the VA regarding the forbearances, unfortunately our system is not able to identify if was a CARES Act forbearance or a regular forbearance. Home Lending reported to VA a special forbearance was added from 8/19/20 – 11/1/20. This doesn’t mean more special forbearances weren’t completed with Planet Home Lending, this is all that was reported to VA during this time.”

2. Per VA Circular 26-20-17 “To identify borrowers who have been impacted by COVID-19, VA is replacing the reason for default of “Energy/Environmental Cost” with “National Emergency Declaration” in the Electronic Default Notice (EDN) event. When a borrower requests forbearance due to COVID-19, servicers should use the new reason for default when reporting the EDN and then report the Special Forbearance event. Effective June 1, 2020, VALERI will accept the new reason for default prior to the 61st day of delinquency."

3. Further, I know your statement is nonsense (if not an outright lie) based on the VALERI loan information and notes provided pursuant to my 5/17/2022 FOIA request. Said records clearly demonstrate whatever forbearance entered by Planet Home Lending in VALERI was done in accordance with VA Circular 26-20-17. You're free to review those records via the link below.

https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/<https://urldefense.com/v3/__https:/www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysSLjR8Lw$> [https://web.archive.org/web/20230130153859/https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/]

3. You say "The documents you have provided appear that either there is a litigation in place or something was filed with the courts. VA will be unable to assist as this appears to be an action against your servicer and we are unable to participate."

The U.S. Congress has put in place a number of laws and practices to favor veterans as it relates to receiving benefits from the VA. This includes 38 U.S.C. § 5103A, which requires the VA to help the claimant develop their claim for benefits. Furthermore, under Brown v. Gardner, 513 U.S. 115, 115 S. Ct. 552, 130 L. Ed.2d 462, any interpretive doubt is to be resolved in favor of the veteran, as seen in the case of Shinseki v. Sanders, 556 U.S. 396, 129 S. Ct. 1696 (2009).

4. On one hand you say that the VA is unable to discuss loss mitigation options, yet here you attempt to indirectly discuss loss mitigation options by stating and asking "You had advised 'The Veteran said that even if his loan servicer provided him a package to keep the home his ex-wife would not sign off on that because she wants him to sell the home.' Is this still the case?"

5. Per the Department of Veteran Affairs via Federal Register document # 2020-26964<tel:2020-26964>:

"In cases where servicers are unable to complete a loss-mitigation option or an alternative to foreclosure, servicers must, before initiating a foreclosure, provide VA with the option of what is commonly called a “loan refund.” This process, authorized under 38 U.S.C. 3732, is where VA takes assignment of the existing guaranteed loan indebtedness in exchange for VA's payment to the servicer of the unpaid principal balance, plus accrued interest."

https://www.govinfo.gov/content/pkg/FR-2020-12-09/pdf/2020-26964.pdf<https://urldefense.com/v3/__https:/www.govinfo.gov/content/pkg/FR-2020-12-09/pdf/2020-26964.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys7_uSAXU$>

6. Per servicer Planet Home Lending via response to interrogatories in the foreclosure case for the property in question:

[image/jpeg]

Please see Florida court case # 05-2021-CA-047073-XXXX-XX, doc #45

7. Please see the previously linked VALERI information for where the VA was made aware of servicer Planet Home Lending’s failure to follow the clearly stated condition precedent incorporated into the note and mortgage for the applicable property.

8. Additionally, please see the previously linked VALERI information for where the VA failed to intervene and ensure Adequacy of Servicing as required by VA regulations.

8. “The servicer or the VA-assigned technician may initiate their refund consideration process at any time during the life of the loan.”

https://www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4%20Chapter%209%20Refunds%20-%205-2017.docx<https://urldefense.com/v3/__https:/www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4*20Chapter*209*20Refunds*20-*205-2017.docx__;JSUlJSU!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysH4oxF-o$>

9. Is the clearly stated policy via Federal Register document # 2020-26964<tel:2020-26964> yet another policy VA Loan Guaranty will not be following?

Fiduciary relationships may be implied in law and such relationships are premised upon the specific factual situation surrounding the transaction, as well as the relationship of the parties. Capital Bank v. MVB, Inc., 644 So.2d 515, 518 (Fla. 3d DCA 1994). In a banking context, the relationship is generally that of a creditors to debtor, and the bank owes no fiduciary responsibilities. Keys Jeep Eagle, Inc., 897 F. Supp. at 1443. To plead an exception to this general rule, “a party must allege some degree of dependency on one side and some degree of undertaking on the other side to advise, counsel, and protect the weaker party.” Welnia, LLC v. Bodymedia, Inc., 2008 WL 3155148 at * 2 (M.D. Fla. 2008).

Michael Locke

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Monday, August 21, 2023 5:15 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Subject: RE: Case No. 11190053 Re: Request for Discrepancy Explanation

Good afternoon Mr. Locke,

Please see the following responses.

1-3) VA’s system was unable to reflect all the necessary changes for the COVID pandemic. Unfortunately, VA had to spend it resources building out the Partial Claim program. So, while the servicer was updating the VA regarding the forbearances, unfortunately our system is not able to identify if was a CARES Act forbearance or a regular forbearance. Home Lending reported to VA a special forbearance was added from 8/19/20 – 11/1/20. This doesn’t mean more special forbearances weren’t completed with Planet Home Lending, this is all that was reported to VA during this time.

4) The documents you have provided appear that either there is a litigation in place or something was filed with the courts. VA will be unable to assist as this appears to be an action against your servicer and we are unable to participate.

5 - 6) VA is not a servicer, we are the guarantor on the loan. Your servicer is Plant Home Lending, LLC.

7-9) We have already responded and, as we have told in our last response, we are not going to argue with you about our policies.

10 – 13) Again as we told you in our last correspondence, VA has not publicly announced this program and does have not a confirmed date for which a new program will be announced. Implementation of new programs may take many months as the mortgage industry has to adapt policies and technology to any changes made to the VA Home Loan program.

We have advised you before and continue to advise you that you can either continue to argue our policies with us or you can begin to work with us and try to resolve your home loan delinquency once the debt is out of the protection of the Bankruptcy courts.

We do need to clarify something that you had previously provided the USB office as it may pertain to the loss mitigation options that will be available to you once the debt is out of the protection of the Bankruptcy courts. You had advised “The Veteran said that even if his loan servicer provided him a package to keep the home his ex-wife would not sign off on that because she wants him to sell the home.” Is this still the case?

Thanks,

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Sunday, August 20, 2023 12:45 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Cc: Jeffrey Badgley <jbadgley@badgleylawgroup.com<mailto:jbadgley@badgleylawgroup.com>>; Jon Masters <jmasters@badgleylawgroup.com<mailto:jmasters@badgleylawgroup.com>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: [EXTERNAL] Case No. 11190053 Re: Request for Discrepancy Explanation

Hey,

1. Letter from Marcus Young dated 5/20/2022:

“Was Mr. Locke ever under the CARES FB?

• Mr. Locke was approved for a Special Forbearance on August 19, 2020. The Special Forbearance was extended on December 10, 2020, and again on April 2, 2021.”

2. Planet Home Lending response on 6/22/2022 to CFPB Complaint:

“In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. The forbearance plan was extended multiple times August 2020 through August 31, 2021. Planet sent the enclosed correspondence to determine if you were still in need of a forbearance and did not receive a response. Therefore, the forbearance expired on August 31, 2021.

On October 5, 2021, upon receipt of an online request from you, you were approved for an extension of the COVID-19 forbearance plan, which was good through November 1, 2021. As an additional courtesy, Planet backdated the forbearance plan to September 1, 2021, waived your late fees and ensured no negative credit reporting was furnished to the three major agencies pursuant to the CARES Act while you were on a forbearance. Therefore, you were provided with a COVID-19 forbearance plan for a total of 18 months, which is the maximum number permitted by the VA for loans with a COVID-19 hardship on or prior to June 1, 2020.”

3. Why does the apparent CARES ACT information in VALERI as provided by Marcus Young not align with the information provided by servicer Planet Home Lending in their CFPB complaint response?

4. Will the VA please uphold it’s duty to assist and obtain copies of servicer Planet Home Lending’s “collection records” from 5/01/2020 to 8/16/2022?

5. Is the VA a servicer?

6. Is the VA a servicer to my home loan?

7. Does the “guidance” you provided directly state the VA is prevented from speaking with a veteran borrower with a home under the protection of a bankruptcy court?

8. Are you saying the “guidance” states the only time that the VA can engage with a veteran borrower regarding a home loan subject to the protection of the bankruptcy courts is after that loan terminates?

9. How is it possible for a loan to terminate that’s subject to the protection of the bankruptcy court?

• “VA will not attempt contact with Veterans who have filed bankruptcy; however, if the borrower reaches out to VA, VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim…” is a compound-complex sentence that has two independent clauses (VA will not attempt contact with Veterans who have filed bankruptcy and VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim) joined by a coordinating conjunction (however) and one dependent clause (if the borrower reaches out to VA) that modifies the second independent clause. The second independent clause means that VA will discuss the Veteran’s options and the loss of entitlement if the borrower reaches out to VA. The phrase “should the loan terminate and VA pays a claim” is a conditional clause that describes a possible scenario that would result in the loss of entitlement for the borrower. It does not imply that VA will only discuss options and entitlements in that scenario.

10. “The VA will introduce a new Servicing Purchase Program in July. It's a new way of making a ‘last-ditch effort’ in the waterfall to keep veterans in homes, said John Bell III, executive director of the agency. Through the initiative, the VA will take a loan back, pay and make the servicer whole, and put the borrower on an interest rate that’s not available in the marketplace.” https://www.nationalmortgagenews.com/news/usda-va-tease-loss-mit-tribal-land-initiatives<https://urldefense.com/v3/__https:/www.nationalmortgagenews.com/news/usda-va-tease-loss-mit-tribal-land-initiatives__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysq8bMT2w$>

11. “MBA Submits Recommendations on the VA Servicing Purchase Program on Monday, MBA and the Housing Policy Council submitted recommendations to the Department of Veterans Affairs (VA) regarding its new Servicing Purchase Program (VASP). VASP is expected to be introduced as VA’s new loss mitigation program for distressed veteran borrowers for high-interest rate environments. MBA’s recommendations follow several conversations with the VA throughout the development of VASP.”

https://newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/<https://urldefense.com/v3/__https:/newslink.mba.org/mba-newslinks/2023/may/mba-newslink-wednesday-may-31-2023/mba-advocacy-update-may-30-2023/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysBYSMot0$>

12. “Despite the VA’s engagement with industry in recent months, VA has not provided any written program description, outline or framework. MBA and HPC believe stakeholders should have the opportunity to provide feedback on the program’s design and implementation. Specific issues that require greater transparency include the maximum number of borrowers served, the ability to provide relief promptly, VASP’s compliance with Regulation X (RESPA), and the ability to facilitate successful servicing transfers.”

https://newslink.mba.org/mba-newslinks/2023/august/mba-newslink-monday-aug-7-2023/mba-advocacy-update-aug-7-tk/<https://urldefense.com/v3/__https:/newslink.mba.org/mba-newslinks/2023/august/mba-newslink-monday-aug-7-2023/mba-advocacy-update-aug-7-tk/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysnT2_ixo$>

13. “A solution like this is needed because approximately 147,000 veteran borrowers are estimated to be behind on their mortgage payments and those with note rates below the current market rate will not be able to achieve an affordable payment with a traditional loan modification.”

https://www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf<https://urldefense.com/v3/__https:/www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysC7e0pl8$>?

Fiduciary relationships may be implied in law and such relationships are premised upon the specific factual situation surrounding the transaction, as well as the relationship of the parties. Capital Bank v. MVB, Inc., 644 So.2d 515, 518 (Fla. 3d DCA 1994). In a banking context, the relationship is generally that of a creditor to debtor, and the bank owes no fiduciary responsibilities. Keys Jeep Eagle, Inc., 897 F. Supp. at 1443. To plead an exception to this general rule, “a party must allege some degree of dependency on one side and some degree of undertaking on the other side to advise, counsel, and protect the weaker party.” Welnia, LLC v. Bodymedia, Inc., 2008 WL 3155148 at * 2 (M.D. Fla. 2008).

Michael Locke

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Friday, August 18, 2023 5:07 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Subject: RE: Request for Discrepancy Explanation

Good afternoon Mr. Locke,

We have received multiple emails from you this week which you directed to various entry points into VA. Understand that every inquiry will ultimately be routed to this office to respond. In effort to save you time and speed up the response time, we request that you only respond to this chain. Of course, you may disregard this request but moving forward we will only be responding to this communication chain.

We have reviewed the 46 items that you have identified below, and we determined responded to them previously in prior responses (which we can provide again) or there is no action for us to respond. If there are ones that are new that we have not responded to feel free to let us know the specific ones and we will review and respond.

As for the inquiry in the Bankruptcy guidance, you have failed to provide the full guidance. Please review the full guidance below and understand that we must comply with the full guidance.

When a borrower files for bankruptcy protection, servicers are typically prevented from making contact. Servicers must report the bankruptcy events in VALERI to include the type of bankruptcy (Chapter 7, 11 or 13 filing) and provide updates such as relief filed, relief granted, dismissed, or discharged. VA will not attempt contact with Veterans who have filed bankruptcy; however, if the borrower reaches out to VA, VA will discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim.

At this this time, your loan has not terminated and therefore we cannot “discuss the Veteran’s options and the loss of entitlement should the loan terminate and VA pays a claim.”

As for your request to engage with our attorneys, they do not engage directly with Veterans but through us. If you have a specific question, we can reach out to them and request them provide us guidance.

We are also in receipt of your inquiry into the VASP program. VA has not publicly announced this program and does have not a confirmed date for which a new program will be announced. Implementation of new programs may take many months as the mortgage industry has to adapt policies and technology to any changes made to the VA Home Loan program.

Again, as we have advised you before you can either continue to argue our policies with us or you can begin to work with us and try to resolve your home loan delinquency once the debt is out of the protection of the Bankruptcy courts.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>

Sent: Wednesday, August 16, 2023 8:58 PM
To: Matt Douglas <matt.douglas@housingpolicycouncil.org<mailto:matt.douglas@housingpolicycouncil.org>>
Subject: Re: Veterans Assistance Servicing Purchase (VASP) program

Hello,

Thank you immensely.

“That is a technical legal question that I don’t know the answer to, but since it requires a servicing transfer (which is a highly technical process that requires cooperation), and the purchase of the loan from the servicer, the servicer would almost certainly need to consent to it.”

“The servicer or the VA-assigned technician may initiate the refund consideration process at any time during the life of the loan.”

https://www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4%20Chapter%209%20Refunds%20-%205-2017.docx<https://urldefense.com/v3/__https:/www.benefits.va.gov/WARMS/docs/admin26/m26_04/M26-4*20Chapter*209*20Refunds*20-*205-2017.docx__;JSUlJSU!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysH4oxF-o$>

“Definitely not my understanding as the program currently works.”

“Once all required documentation is received from the servicer and borrower, and the VA appraisal has been completed, VA will conduct an analysis and complete a refund decision process.”

From the previous link. Granted, federal courts have found federal agency manuals have no “legal force”

“That’s right, but my understanding is that there are currently no loss mitigation options that a servicer must offer.”

VA circular 26-20-12 was rescinded on 7/1/2021, so it's not in effect anymore. For the time that it was, technically the VA Disaster Loan Modification and VA Streamline Modification would be an issue based on the wording that servicers were to “…ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current.” They both use a trial payment plan in the place of a traditional loan modification packet.The streamline “Modification must realize at least a 10% reduction in principal and interest portion of the payment,” so it’s a little more strenuous than the disaster. I think part of the difference between the refund and VASP is servicers being “made whole,” but it seems like the VA would have a good argument against making a servicer whole if a servicer failed to follow VA Circular 26-20-12. Granted, based on my experience, the VA seems deferential to what “you guys” want, but it’s still the federal government and I imagine they don’t want to pay out money if they don’t have to.

“The new program would be mandatory, and instead of a couple dozen of loans a year, it could be tens of thousands. There are a whole lot of other changes, but those are two big ones.”

When you say “mandatory,” do you mean that the VA will require servicers to refer defaulted home loans where no other loss mitigation options are possible to the VA for VASP consideration? I know the VA started using “AI” to process disability benefit claims about a year before chatgpt was introduced, had considerable success, and expanded the “pilot program.” I can’t imagine it’d be that hard to extend that to processing VASP consideration.

Michael Locke

________________________________

d From: Matt Douglas <matt.douglas@housingpolicycouncil.org<mailto:matt.douglas@housingpolicycouncil.org>>

Sent: Wednesday, August 16, 2023 7:48 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Cc: Kelleher, Brendan <bkelleher@mba.org<mailto:bkelleher@mba.org>>
Subject: RE: Veterans Assistance Servicing Purchase (VASP) program

Hey Michael,

Below in red are my best answers to your questions. Wish you luck.

Best,

Matt

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, August 16, 2023 3:21 PM
To: Matt Douglas <matt.douglas@housingpolicycouncil.org<mailto:matt.douglas@housingpolicycouncil.org>>
Cc: Kelleher, Brendan <bkelleher@mba.org<mailto:bkelleher@mba.org>>
Subject: Re: Veterans Assistance Servicing Purchase (VASP) program

You don't often get email from mbl22885@msn.com<mailto:mbl22885@msn.com>. Learn why this is important<https://urldefense.com/v3/__https:/aka.ms/LearnAboutSenderIdentification__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysbMTWYuI$>

Hello,

Thank you for the response.

I had a couple questions based off what's publicly available from the Housing Policy Counsel and Mortgage Banker’s Association regarding the VASP program.

1. Your July 26, 2023 joint letter states in part “‘As we understand VASP, the decision to modify a borrower's loan rests with the VA,’ … ‘Yet, servicers continue to evaluate their borrowers for all available options. In other words, servicers continue to communicate and engage with their delinquent borrowers until the VA approves the purchase of the loan and accepts transfer of the loan from the servicer.’ This dynamic ‘dislocates the traditional regulatory relationship between the servicer and the borrower.’”

Can’t the current VA refund process be initiated by the VA without the consent of the servicer? That is a technical legal question that I don’t know the answer to, but since it requires a servicing transfer (which is a highly technical process that requires cooperation), and the purchase of the loan from the servicer, the servicer would almost certainly need to consent to it.

Ultimately, isn’t it solely the decision of the VA as to whether or not a loan will be refunded? Definitely not my understanding as the program currently works.

What’s different between the old refund and VASP? The new program would be mandatory, and instead of a couple dozen of loans a year, it could be tens of thousands. There are a whole lot of other changes, but those are two big ones.

2. Section 1 of VA Circular 26-20-12 explicitly states “The servicer must ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current. Failure to do so could impact a future claim payment and could lead to other legal or administrative action(s) against the servicer.” That’s right, but my understanding is that there are currently no loss mitigation options that a servicer must offer.

3. Subsection c of section 5 of VA Circular 26-20-12 states “Servicers should review loan files for all possible loss mitigation options no later than 30 days before the forbearance period is scheduled to end. Servicers should document such reviews in their loan servicing systems. If no loss mitigation options are possible, in cases where the home has equity, servicers must refer the file to the relevant Regional Loan Center for VA’s consideration of a loan refunding.”

Based on # 2 and 3, do you guys have any information detailing compliance with VA Circular 26-20-12? Nope-no information on this.

VA Circular 26-20-12 was in place from 4/9/2020 until 7/1/2021. In that time, what number of defaulted VA home loans were referred to the VA for possible refunding pursuant to 26-20-12? Haven’t seen a number on this, but based on verbal information from the VA I would guess less than 50.

Lastly, do you guys represent Planet Home Lending? The Housing Policy Council does not represent Planet Home Lending.

Thank you for any consideration.

Michael Locke

________________________________

From: Matt Douglas <matt.douglas@housingpolicycouncil.org<mailto:matt.douglas@housingpolicycouncil.org>>
Sent: Wednesday, August 16, 2023 1:49 PM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Cc: Kelleher, Brendan <bkelleher@mba.org<mailto:bkelleher@mba.org>>
Subject: RE: Veterans Assistance Servicing Purchase (VASP) program

Hey Michael,

Unfortunately, they have not shared a detailed/comprehensive process with us. We are hopeful that they will make a public announcement about the program in the month or so, but the program has been frustratingly slow to develop.

Wish I had more news to share.

Best,

Matt Douglas

Vice President, Mortgage Policy

Housing Policy Council

1220 19th Street, NW, Suite 720

Washington, DC 20036

202-589-1924<tel:202-589-1924>

Matt.Douglas@housingpolicycouncil.org<mailto:Matt.Douglas@housingpolicycouncil.org>

[Logo Description automatically generated]

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, August 16, 2023 1:38 PM
To: Bkelleher@mba.org<mailto:Bkelleher@mba.org>; Matt Douglas <matt.douglas@housingpolicycouncil.org<mailto:matt.douglas@housingpolicycouncil.org>>
Subject: Veterans Assistance Servicing Purchase (VASP) program

You don't often get email from mbl22885@msn.com<mailto:mbl22885@msn.com>. Learn why this is important<https://urldefense.com/v3/__https:/aka.ms/LearnAboutSenderIdentification__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysbMTWYuI$>

Hello,

My name is Michael Locke and I'm a veteran borrower who would potentially be impacted by the Veterans Assistance Servicing Purchase (VASP) program. I was just curious if the VA had provided any “…concrete, written outlines or process flows of the VASP program” since your letter sent on July 26, 2023. If so, do you mind providing me with as much information? Thank you for any consideration.

Michael Locke

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, August 15, 2023 7:52 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: [EXTERNAL] Re: Request for Discrepancy Explanation

1. “Wells Fargo to pay $94M to settle mortgage forbearance suit… 200,000 borrowers say the bank put them in forbearance without their consent”

https://www.housingwire.com/articles/wells-fargo-to-pay-94m-to-settle-mortgage-forbearance-suit/<https://urldefense.com/v3/__https:/www.housingwire.com/articles/wells-fargo-to-pay-94m-to-settle-mortgage-forbearance-suit/__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYyskaXVfMY$>

A few of them had to be VA Home Loans. This is just Wells Fargo too. I know my servicer did whatever they wanted when it came to my CARES ACT forbearance. They even documented as much in a response to a CFPB complaint (see numbers 18 and 19 in my email from 7/1/2023.) to a total VA knows too. Does the VA mind upholding its duty to assist and obtaining the requested information and documents detailed in the attached PDFs?

2. “HUD Inspector General finds that 2/3rds of borrowers did not receive loss-mitigation assistance. Servicers failed to meet HUD requirements for providing loss-mitigation assistance to 67.1% of borrowers with FHA-insured loans.“

https://nationalmortgageprofessional.com/news/audit-finds-servicers-mr-cooper-bungled-pandemic-mortgage-relief<https://urldefense.com/v3/__https:/nationalmortgageprofessional.com/news/audit-finds-servicers-mr-cooper-bungled-pandemic-mortgage-relief__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYys7RWpkKU$>

3. “July 26, 2023…RE: Public Comment Process for Foreclosure Prevention Solution for Veteran Borrowers…approximately 147,000 veteran borrowers are estimated to be behind on their mortgage payments.”

https://www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf<https://urldefense.com/v3/__https:/www.mba.org/docs/default-source/advertising/vasp-review-process-request_mba.hpc_july-2023.pdf__;!!Iwwt!QizZlr6Dw12F82JMBgRqKcHSvN6MH9aBdYTcaG64DXk28A9fQbMoyNH-Jbu95WLVhYysC7e0pl8$>?

“Hi Good Morning Mr. Locke,

Attached please find the signed order lifting the stay as to the VA. You should have no problem being able to communicate directly with the VA since the stay is no longer in effect.

If you have any questions or issues in communicating directly with the VA regarding their loss mitigation options, please do not hesitate to let us know.”

It’s been about 10 year since the VA had a noteworthy scandal. Seems likes you guys are due.

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Saturday, July 1, 2023 3:24 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: Re: Request for Discrepancy Explanation

Meter’s running.

I have a VA home loan through Planet Home Lending that was in arrears due to a mandatory evacuation in September 2019 from Hurricane Dorian, as well as the COVID-19 pandemic. The VA has a disaster loan mitigation option that could have been applied, but Planet Home Lending did not offer it. The CARES Act was signed in March 2020 and offered protection to homeowners with mortgages backed by the federal government who are facing financial difficulties due to the COVID-19 pandemic, and explicitly states that mortgage assistance must be provided regardless of delinquency status. The VA then issued a circular on April 8, 2020 that stated servicers have to give borrowers the opportunity to pursue all loss mitigation options to bring their loan current. The VA also issued a circular in July 2021 that introduced the COVID- 19 Refund Modification which allows for significant payment reductions and does not require a financial evaluation. Despite this, Planet Home Lending began court proceedings to obtain a foreclosure, and only offered a loan modification with a trial payment period in December 2021, which could have been done at any point during the default period. I rejected the modification offer due to the applicable laws and regulations that favor the veteran, such as 38 U.S.C. § 5103A and Brown v. Gardner.

1. I currently have a VA home loan through Planet Home Lending.

2. In September of 2019 the area the property is located was under a mandatory evacuation due to Hurricane Dorian. The area was declared a federal disaster area in December of 2019.

3. In 10/1/2019 I missed the first home loan payment.

4. In December of 2019 I submitted an incomplete loss mitigation package to Planet Home Lending.

5. On 1/3/2020 I was denied consideration for any loss mitigation options by Planet Home Lending.

6. The VA has a disaster loss mitigation option that allows for a loan modification absent a complete loss mitigation package.

7. The VA disaster loan modification specifies a trial payment plan is used to verify income in lieu of a complete loss mitigation package.

8. Planet Home Lending had the ability to offer a VA Disaster Loan Modification and/or a special forbearance at this point, but does not.

9. In early 2020 the Covid-19 pandemic begins.

10. On 3/27/2020, THE CARES ACT is signed into law.

11. The CARES Act offers protection to homeowners with mortgages backed by the federal government who are facing financial difficulties due to the COVID-19 pandemic, and explicitly states in section 4022(b)(1) that mortgage assistance provided pursuant to the CARES ACT was to be provided "...regardless of delinquency status."

12. The Department of Veterans Affairs makes use of circulars issued via the official VA website to provide current policies and procedures to VA-approved lenders and servicers.

13. The VA explicitly states via their official website that circulars are supplemental to VA home loan regulations.

14. On 4/8/2020, the VA issues “Circular 26-20-12” via the official VA website in response to the CARES ACT.

15. Section 1 of VA Circular 26-20-12 explicitly states “The servicer must ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current. Failure to do so could impact a future claim payment and could lead to other legal or administrative action(s) against the servicer.”

16. I was eligible for a disaster loan modification for the entirety of my default period, but at no point was I offered a disaster loan modification.

17. As a result of section 1 of VA Circular 26-20-12, Planet Home Lending was required to offer a disaster loan modification.

If Planet Home Lending continues to maintain that I was ineligible for any loss mitigation options, then the following applies:

18. Section 3 of VA Circular 26-20-12 states “The borrower, not the servicer, is entitled to determine the period of the forbearance...”

19. Planet Home Lending stated the following regarding forbearance applied to my home loan:

“In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. The forbearance plan was extended multiple times August 2020 through August 31, 2021. Planet sent the enclosed correspondence to determine if you were still in need of a forbearance and did not receive a response. Therefore, the forbearance expired on August 31, 2021.

On October 5, 2021, upon receipt of an online request from you, you were approved for an extension of the COVID-19 forbearance plan, which was good through November 1, 2021. As an additional courtesy, Planet backdated the forbearance plan to September 1, 2021, waived your late fees and ensured no negative credit reporting was furnished to the three major agencies pursuant to the CARES Act while you were on a forbearance.”

20. Subsection c of section 5 of VA Circular 26-20-12 states “Servicers should review loan files for all possible loss mitigation options no later than 30 days before the forbearance period is scheduled to end. Servicers should document such reviews in their loan servicing systems. If no loss mitigation options are possible, in cases where the home has equity, servicers must refer the file to the relevant Regional Loan Center for VA’s consideration of a loan refunding.”

21. No such review was conducted or documented within the VA Loan Electronic Reporting Interface (VALERI).

22. The VA via 38 CFR § 36.4301 defines “home equity” as “...the difference between the home's reasonable value and the outstanding balance of all liens on the property.”

23. The VA via 38 CFR § 36.4301 defines “reasonable value” as “...that figure which represents the amount a reputable and qualified appraiser, unaffected by personal interest, bias, or prejudice, would recommend to a prospective purchaser as a proper price or cost in the light of prevailing conditions.”

24. Per the applicable appraisal on file with the VA and Planet Home Lending, the “reasonable value” of the home was/is $292,000.

25. At the time of default, the principal balance of the home was $263,329.99.

26. If the first forbearance period expired in August of 2020 and no loss mitigation options were possible, in July of 2020 Planet Home Lending was required to refer the home loan to the applicable VA Regional Loan Center for possible refunding, as there was no way the outstanding balance of the home exceeded the “reasonable value” of $292,000.

27. At no time did Planet Home lending refer the home loan to the applicable VA Regional Loan Center for possible refunding.

28. On 7/1/2021, VA Circular 26-20-12 is rescinded.

29. On 7/23/2021 the VA issues Circular 26-21-13.

30. The purpose of VA Circular 26-21-13 is to provide “...VA’s waterfall of home retention options for helping borrowers affected financially by the COVID-19 pandemic.”

31. VA Circular 26-21-13 also “...announces the COVID-19 Refund Modification, a type of loan modification specific to those borrowers needing payment reductions when exiting COVID-19 forbearance.”

32. While section 5 of VA Circular 26-21-13 identifies eligibility criteria for borrowers to whom the home retention waterfall will apply, no such eligibility criteria is provided for the COVID-19 Refund Modification. It should be noted that Planet Home Lending presently reflects the last payment received on the loan as 1/1/2020.

33. The COVID-19 Refund Modification is a type of loan modification that allows for significant reductions in a borrower's monthly payments. The indebtedness is secured as a junior lien in favor of VA that does not accrue interest or require monthly payments, and only becomes due when the property is sold, the loan is paid off, or the loan is refinanced. VA can purchase indebtedness up to 30 percent of a borrower's unpaid principal balance, and does not require a financial evaluation for every case.

34. On 9/30/21 Planet Home Lending begins court proceedings to obtain a foreclosure.

35. On 11/4/2021 Isubmits a complete loss mitigation package to Planet Home Lending.

36. On 12/27/2021 Planet Home Lending puts forth an offer for “Standard Modification” (ie Traditional Loan modification) with a trial payment period.

37. Besides in name, the offer is a disaster loan modification.

38. Due to the proceeding facts, I rejected the loan modification as it could have been offered at any time within the default period.

39. The U.S. Congress has put in place a number of laws and practices to favor veterans as it relates to receiving benefits from the VA. This includes 38 U.S.C. § 5103A, which requires the VA to help the claimant develop their claim for benefits. Furthermore, under Brown v. Gardner, 513 U.S. 115, 115 S. Ct. 552, 130 L. Ed.2d 462, any interpretive doubt is to be resolved in favor of the veteran, as seen in the case of Shinseki v. Sanders, 556 U.S. 396, 129 S. Ct. 1696 (2009).

40. Per 38 USC § 5103A, the VA “...shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary.”

41. The VA home loan benefit is authorized by Title 38, Chapter 37 of the United States Code.

42. The VA has a duty to assist my claims for benefits related to my home loan.

43. The VA was and is aware of the issues described herein.

44. The VA failed and refused to act concerning those issues.

45. I was forced to declare bankruptcy due to the VA’s failure and refusal to act.

46. The home is in delinquency due to the VA’s failure and refusal to act.

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Friday, July 8, 2022 9:35 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: RE: Request for Discrepancy Explanation

We will follow up with the Phoenix Office.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Thursday, July 7, 2022 11:06 PM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: [EXTERNAL] Re: Request for Discrepancy Explanation

As far as I’m aware, the following hasn’t been explained by the VA:

“From: Michael Locke

Sent: Thursday, June 23, 2022 3:04 PM
To: Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Cc: Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; marcus.young@va.gov<mailto:marcus.young@va.gov> <marcus.young@va.gov<mailto:marcus.young@va.gov>>
Subject: Request for Discrepancy Explanation

Can someone please explain the discrepancies between what VA Phoenix Regional Loan Center Loan Administration Officer Marcus Young is saying and what my servicer is saying? I will most likely have further questions based on the answers I receive.

1. Letter from Marcus Young dated 5/20/2022:

“Your loan was reported in default to the VA and due for the 10/1/19 installment. The reason for default was martial difficulties. When we talked to you on August 14, 2020, you confirmed that the reason for default was martial difficulties. According to our notes, you submitted a loss mitigation assistance application in 2019, however the servicer deemed the application incomplete.”

2. Planet Home Lending response on 6/22/2022 to CFPB Complaint:

“Planet’s investigation revealed that you initially submitted an online portal inquiry on December 3, 2019. The submission was partially completed, however, did not indicate whether the disaster hardship was resolved or ongoing. Planet issued both acknowledgement and missing items letters (enclosed) on that same date. To proceed with a Disaster Modification, Planet must verify that the hardship was resolved, the borrower returned to work and with no negative long-term change in the household income occurring. Despite numerous attempts, we did not receive the required information. Therefore, on January 3, 2020, a loss mitigation denial letter (enclosed) was issued.”

3. Letter from Marcus Young dated 5/20/2022:

“Was Mr. Locke ever under the CARES FB?

• Mr. Locke was approved for a Special Forbearance on August 19, 2020. The Special Forbearance was extended on December 10, 2020, and again on April 2, 2021.”

4. I responded to the proceeding as follows:

“Is the above what is reflected in VALERI? If so, does this mean I have CARES ACT COVID-19 forbearance eligibility remaining? If so, why didn’t the VA intervene at the time Planet Home Lending filed for foreclosure and say I had eligibility remaining? Planet Home Lending has provided conflicting information regarding the forbearance dates. Will the VA please clarify with Planet Home Lending the dates where CARES ACT COVID-19 forbearance was applied to the property, as well as request and provide all documentation substantiating as much?”

5. Mr Young responded to the proceeding with the following:

“• Repayment Plan: Approved: 8/19/20, start date: 5/1/20 estimated cure date: 10/1/20

• Special Forbearance Plan: Approved: 8/19/20 estimated cure date: 11/1/20.”

6. Planet Home Lending response on 6/22/2022 to CFPB Complaint:

‘In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. The forbearance plan was extended multiple times August 2020 through August 31, 2021. Planet sent the enclosed correspondence to determine if you were still in need of a forbearance and did not receive a response. Therefore, the forbearance expired on August 31, 2021.

On October 5, 2021, upon receipt of an online request from you, you were approved for an extension of the COVID-19 forbearance plan, which was good through November 1, 2021. As an additional courtesy, Planet backdated the forbearance plan to September 1, 2021, waived your late fees and ensured no negative credit reporting was furnished to the three major agencies pursuant to the CARES Act while you were on a forbearance. Therefore, you were provided with a COVID-19 forbearance plan for a total of 18 months, which is the maximum number permitted by the VA for loans with a COVID-19 hardship on or prior to June 1, 2020.’”

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Tuesday, July 5, 2022 11:26 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: Re: Request for Discrepancy Explanation

All loss mitigation package documents were submitted to Planet Home Lending as of 6/26/2022.

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Tuesday, July 5, 2022 10:22 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: RE: Request for Discrepancy Explanation

Good morning Mr. Locke,

We have responded to this inquiry previously in the official correspondence that has been sent to you.

At this point Mr. Locke you have two options, 1) you can start working with VA and your servicer to resolve your delinquency or discuss an alternative to foreclosure, or 2) you can continue to argue with VA about policies and regulations at which we will not be responding because we have already provided you our response.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Saturday, July 2, 2022 10:05 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@va.gov<mailto:Vets-Experience@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: [EXTERNAL] Re: Request for Discrepancy Explanation

Per Marcus Young “Understand at this point they have allowed for the authorized amount of time under the COVID FB requirement, they can consider extending forbearance if you qualify for an extended FB.”

If the Planet Home Lending version of events is accepted, Planet Home Lending was required and failed to refer the loan to the VA for refunding in July of 2020.

1. “The servicer must ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current. Failure to do so could impact a future claim payment and could lead to other legal or administrative action(s) against the servicer.” See Circular 26-20-12 (1).

2. “Servicers should review loan files for all possible loss mitigation options no later than 30 days before the forbearance period is scheduled to end. Servicers should document such reviews in their loan servicing systems. If no loss mitigation options are possible, in cases where the home has equity, servicers must refer the file to the relevant Regional Loan Center for VA’s consideration of a loan refunding.” See Circular 26-20-12(5)(c).

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Saturday, July 2, 2022 11:05 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Subject: Re: Request for Discrepancy Explanation

Nearly everything that Marcus Young has said to this point has been wrong.

How is it reasonable to expect this to change at this point?

________________________________

From: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Sent: Friday, July 1, 2022 10:59 AM
To: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: Request for Discrepancy Explanation

Good morning Mr. Locke,

These are servicing questions which should be directed to the Phoenix Regional Loan Center.

Thanks,

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, July 1, 2022 12:30 AM
To: Post, Andrew, VBADENV <andrew.post@va.gov<mailto:andrew.post@va.gov>>
Subject: [EXTERNAL] Fw: Request for Discrepancy Explanation

1. Is the VA saying Planet Home Lending can offer CARES ACT COVID-19 forbearance beyond 18 months?

2. If so, for how long and per what terms?

The servicer didn’t do an adequate job. Phoenix Regional Loan Center didn’t ensure adequate servicing. A forbearance extension isn’t enough to make things right.

________________________________

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Friday, July 1, 2022 2:26 AM
To: SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>
Cc: marcus.young@va.gov<mailto:marcus.young@va.gov> <marcus.young@va.gov<mailto:marcus.young@va.gov>>; Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>
Subject: Fw: Request for Discrepancy Explanation

1. Is the VA saying Planet Home Lending can offer CARES ACT COVID-19 forbearance beyond 18 months?

2. If so, for how long and per what terms?

The servicer didn’t do an adequate job. Phoenix Regional Loan Center didn’t ensure adequate servicing. A forbearance extension isn’t enough to make things right.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, June 29, 2022 4:41 PM
To: lgylanational.vbaco@va.gov<mailto:lgylanational.vbaco@va.gov> <lgylanational.vbaco@va.gov<mailto:lgylanational.vbaco@va.gov>>
Subject: Fw: Request for Discrepancy Explanation

1. Is the VA saying Planet Home Lending can offer CARES ACT COVID-19 forbearance beyond 18 months?

2. If so, for how long and per what terms?

I will most assuredly have more questions based on the answers I receive.

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Wednesday, June 29, 2022 2:23 PM
To: Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>; Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>
Subject: Re: Request for Discrepancy Explanation

Your statement is unclear. Please elaborate as to what is meant.

1. Is the VA saying Planet Home Lending can offer CARES ACT COVID-19 forbearance beyond 18 months?

2. If so, for how long and per what terms?

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Monday, June 27, 2022 2:19 PM
To: Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Cc: Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>
Subject: Re: Request for Discrepancy Explanation

Your statement is unclear. Please elaborate as to what is meant.

1. Are you saying Planet Home Lending can offer CARES ACT COVID-19 forbearance beyond 18 months?

2. If so, for how long and per what terms?

________________________________

From: Young, Marcus, VBAPHNX <Marcus.Young@va.gov<mailto:Marcus.Young@va.gov>>
Sent: Monday, June 27, 2022 2:07 PM
To: mbl22885@msn.com<mailto:mbl22885@msn.com> <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Subject: RE: Request for Discrepancy Explanation

PHL is allowed to grant you a forbearance that extends beyond what is required.

Marcus L. Young

Loan Administration Officer

Phoenix Regional Loan Center

1-877-827-3702<tel:1-877-827-3702>, ext. 3455057 Toll Free

Mobile and Text: 602-363-5187<tel:602-363-5187>

From: Michael Locke

Sent: Thursday, June 23, 2022 3:04 PM
To: Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>; SECVARequest <SECVARequest@va.gov<mailto:SECVARequest@va.gov>>
Cc: Toth, Jennifer, VBACLEV <Jennifer.Toth1@va.gov<mailto:Jennifer.Toth1@va.gov>>; marcus.young@va.gov<mailto:marcus.young@va.gov> <marcus.young@va.gov<mailto:marcus.young@va.gov>>
Subject: Request for Discrepancy Explanation

Can someone please explain the discrepancies between what VA Phoenix Regional Loan Center Loan Administration Officer Marcus Young is saying and what my servicer is saying? I will most likely have further questions based on the answers I receive.

1. Letter from Marcus Young dated 5/20/2022:

“Your loan was reported in default to the VA and due for the 10/1/19 installment. The reason for default was martial difficulties. When we talked to you on August 14, 2020, you confirmed that the reason for default was martial difficulties. According to our notes, you submitted a loss mitigation assistance application in 2019, however the servicer deemed the application incomplete.”

2. Planet Home Lending response on 6/22/2022 to CFPB Complaint:

“Planet’s investigation revealed that you initially submitted an online portal inquiry on December 3, 2019. The submission was partially completed, however, did not indicate whether the disaster hardship was resolved or ongoing. Planet issued both acknowledgement and missing items letters (enclosed) on that same date. To proceed with a Disaster Modification, Planet must verify that the hardship was resolved, the borrower returned to work and with no negative long-term change in the household income occurring. Despite numerous attempts, we did not receive the required information. Therefore, on January 3, 2020, a loss mitigation denial letter (enclosed) was issued.”

3. Letter from Marcus Young dated 5/20/2022:

“Was Mr. Locke ever under the CARES FB?

• Mr. Locke was approved for a Special Forbearance on August 19, 2020. The Special Forbearance was extended on December 10, 2020, and again on April 2, 2021.”

4. I responded to the proceeding as follows:

“Is the above what is reflected in VALERI? If so, does this mean I have CARES ACT COVID-19 forbearance eligibility remaining? If so, why didn’t the VA intervene at the time Planet Home Lending filed for foreclosure and say I had eligibility remaining? Planet Home Lending has provided conflicting information regarding the forbearance dates. Will the VA please clarify with Planet Home Lending the dates where CARES ACT COVID-19 forbearance was applied to the property, as well as request and provide all documentation substantiating as much?”

5. Mr Young responded to the proceeding with the following:

“• Repayment Plan: Approved: 8/19/20, start date: 5/1/20 estimated cure date: 10/1/20

• Special Forbearance Plan: Approved: 8/19/20 estimated cure date: 11/1/20.”

6. Planet Home Lending response on 6/22/2022 to CFPB Complaint:

“In May 2020, the Loan was flagged as COVID-19 impacted and upon request, was approved for a COVID-19 forbearance plan. The forbearance plan was extended multiple times August 2020 through August 31, 2021. Planet sent the enclosed correspondence to determine if you were still in need of a forbearance and did not receive a response. Therefore, the forbearance expired on August 31, 2021.

On October 5, 2021, upon receipt of an online request from you, you were approved for an extension of the COVID-19 forbearance plan, which was good through November 1, 2021. As an additional courtesy, Planet backdated the forbearance plan to September 1, 2021, waived your late fees and ensured no negative credit reporting was furnished to the three major agencies pursuant to the CARES Act while you were on a forbearance. Therefore, you were provided with a COVID-19 forbearance plan for a total of 18 months, which is the maximum number permitted by the VA for loans with a COVID-19 hardship on or prior to June 1, 2020.”

From: Michael Locke <mbl22885@msn.com<mailto:mbl22885@msn.com>>
Sent: Saturday, June 18, 2022 12:57 PM
To: marcus.young@va.gov<mailto:marcus.young@va.gov> <marcus.young@va.gov<mailto:marcus.young@va.gov>>; Krejci, Louis, VBAPHNX <Louis.Krejci@va.gov<mailto:Louis.Krejci@va.gov>>; jordan.schaefer@va.gov<mailto:jordan.schaefer@va.gov> <jordan.schaefer@va.gov<mailto:jordan.schaefer@va.gov>>
Cc: Veterans Experience Office <Vets-Experience@VA.gov<mailto:Vets-Experience@VA.gov>>; lgylanational.vbaco@va.gov<mailto:lgylanational.vbaco@va.gov> <lgylanational.vbaco@va.gov<mailto:lgylanational.vbaco@va.gov>>
Subject: Re: Amended Servicer Ability to Offer Loss Mitigation Absent Loss Mitigation Package

VA Response:

"The circulars referenced are specific to COVID-19. Your default occurred prior to COVID-19."

MY Response to VA Response:

And?

Whatever measures the VA has put into place through circulars regarding COVID-19 are an extension of and supplemental to the CARES ACT. Congress explicitly stated in section 4022(b)(1) that mortgage assistance provided pursuant to the CARES ACT was to be provided "...regardless of delinquency status."

"Purpose and Background. During the COVID-19 national emergency the Department of Veterans Affairs (VA), through its home loan program, continues to work toward keeping Veterans and stakeholders safe. On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), Public Law 116-136. The CARES Act protects borrowers with Federally backed mortgage loans who are experiencing financial hardship due to the COVID-19 national emergency. These protections are outlined below. The servicer must ensure the borrower has been given every opportunity to pursue all possible loss mitigation options in order to bring their loan current. Failure to do so could impact a future claim payment and could lead to other legal or administrative action(s) against the servicer. The Cares Act preempts section 3 of Circular 26-20-7, 'Special Relief for those Potentially Impacted by COVID-19.'" See VA Circular 26-20-12(1).

1. VA Response:

“Answered in previous letters and correspondence.”

My Response to VA Response:

This was a yes or no question. If the VA provided an answer to a similar question asked at an earlier point, that similar question was a yes or no question as well and the VA never provided a yes or no answer.

2. This was a yes or no question. Please provide a yes or no answer.

3. This was a yes or no question. Please p

Hello,

I'm going to need an updated copy of my "Loan information." For reference, here is the previous request you filled. https://www.muckrock.com/foi/united-states-of-america-10/valeri-home-loan-information-128369/#file-1023757

In addition, I'm going to need the expanded information for the following loan events:

Reason for Default Updated filed 5/10/22 and RFD- NationalEmergencyDeclaration

Reason for Default Updated filed 6/23/22 and RFD – MaritalDifficulties

Reason for Default Updated filed 7/1/22 and RFD – NationalEmergencyDeclaration

Reason for Default Updated filed 7/8/22 and RFD – MaritalDifficulties

If it is unclear as to my meaning, each loan event has a downward arrow to the far right, seemingly indicating an ability for more detailed information concerning each particular loan event.

[image/jpeg]

In the event that there is further information on the particular loan events I’m unaware of, I’m requesting that information as well.

This request is being directed to you due to the metadata on the previously provided documents indicated you were the VA employee who handled retrieval.

[image/jpeg]

1. 
[image/jpeg]

2. “Single-night count shows veteran homelessness on the rise, VA promises ‘hundreds of millions of dollars’ for ‘rapid rehousing’”
See https://www.stripes.com/theaters/us/2023-12-15/veterans-affairs-homeless-count-hud-12372443.html [https://web.archive.org/web/20231216010637/https://www.stripes.com/theaters/us/2023-12-15/veterans-affairs-homeless-count-hud-12372443.html]

“Why didn’t VA do this to prevent the 4000 foreclosures that have already happened?”

You can confirm with loan guaranty, but is that 4,000 best described as a conservative estimate?

Michael Locke

Hello,

The questions posed to you on 12/17/2023 were reworded versions of the questions posed to you on 11/16/2023, with a few follow up questions. You refused to answer the majority of questions posed to you on 11/16/2023.

Just for reference regarding the questions:

[image/jpeg]

For clarity’s sake, I am still asking that the questions posed to you on 12/17/2023. I am also asking that you provide yes or no answers to those questions.

I already submitted a loss mitigation package through bankruptcy mortgage mediation in April 2023. The outcome’s not gonna be any different now. A copy of the servicers response to that loss mitigation package is attached.

Also attached are interrogatories and a request to produce submitted by myself in July 2022 in the foreclosure action. The servicer to date has refused to answer these interrogatories and to provide the requested documents. Pursuant to 38 U.S. Code § 5103A(a)(1), I am again asking that VBA Loan Guaranty make a reasonable effort to assist me in obtaining evidence necessary to substantiate a claim for my VA home loan benefit by attempting to obtain answers to the interrogatories and attempting to obtain the requested documents.

Michael Locke

In your previous e-mail, you stated in part “We have addressed all of these questions through out your delinquency.” Yet that’s completely contradicted by the responses you provided on 11/16/2023. So what gives?
[image/jpeg]

It seems like it would logically follow if these questions had been answered previously, you would have simply said as much, like you did with the first question asked on 11/16/2023.

I take your non-response concerning the duty to assist request to mean VBA Loan Guaranty is refusing the request.

Because they didn’t follow VA Circular 26-20-12, I don’t owe my servicer anything, so it shouldn’t be that hard to figure out.

I was married to a former DCF/CPS investigator/supervisor. You read that and you think whatever, but what I mean is that child abused investigators for the state have no legal authority and generally have to BS to close out cases. When a report comes in and they go out to investigate, they generally don’t have a warrant or enough to get a warrant, but they still have to close out their cases. It doesn’t matter who it is or what their socioeconomic status is, no one is initially cooperative when a child abuse investigator shows up at their doorstep. So truth be told, they have to be pretty good at BSing. From what I experienced and what the spouses of other child abuse investigators substantiated, it’s hard to turn off the exploitative BS when you come home. They have to do it so much, it becomes second nature. Most child abuse investigators burnout within a year. My ex did it for 9. Beyond that, she’s 99.99th percentile IQ. Way smarter than me, and I imagine you as well. All of this is to say, I’ve been well trained to deal with this situation.

VASP is still going to be a thing, correct? Even so, I’m not counting on that. I’m counting on the circumstances that spurred the NPR investigation aren’t going to change. “A tiger can’t change its stripes,” as the saying goes.

Because my servicer didn’t follow VA Circular 26-20-12, I don’t owe my servicer anything, and because you guys didn’t ensure my servicer followed VA Circular 26-20-12, I don’t owe the VA anything either.

Michael Locke

Hello,

The request submitted on 12/18/2023 is for the loan documents detailed within said request, not a status update on a particular home loan.

Michael Locke

Good afternoon

Are you seeking your own VA mortgage records?

Olaiseh Wambui
Government Information Specialist
Department of Veteran Affairs
Veterans Benefits Administration
Office of Mission Support (20M3)
1800 G. Street
Washington, DC 20006
Office Cell: (202) 374-7826

1.
[image/jpeg]

2.
“To Whom It May Concern:

Pursuant to the Florida Sunshine Law, I hereby request the following records:

Any and all records created pursuant to the request for a formal advisory opinion submitted on 4/23/2023 to the Florida Bar’s Unlicensed Practice of Law listed below:

I am writing to request a formal advisory opinion on whether pro se use of Casetext's CoCounsel would constitute the unlicensed practice of law.

Casetext's CoCounsel is a legal AI assistant that can perform various tasks, such as document review, legal research memos, deposition preparation, and contract analysis. According to a study by Casetext and Stanford CodeX, GPT-4 scored approximately 297 points on the UBE, which is higher than the passing threshold for all UBE jurisdictions. This score places GPT-4 in the 90th percentile of test-takers.

I am a pro se litigant who is interested in using Casetext's CoCounsel to prepare and file legal documents for my case. I understand that Casetext's CoCounsel does not provide legal advice or representation, and that I am solely responsible for the accuracy and legality of my documents.

However, I am concerned that using Casetext's CoCounsel may be considered the unlicensed practice of law under Rule 10-2.1 of the Rules Regulating The Florida Bar, which defines the practice of law as "the giving of legal advice or legal assistance to another person". I am also aware that Rule 10-9.1 allows the Standing Committee on Unlicensed Practice of Law to issue proposed formal advisory opinions concerning activities which may constitute the unlicensed practice of law.

Therefore, I respectfully request that the Standing Committee on Unlicensed Practice of Law issue a formal advisory opinion on whether pro se use of Casetext's CoCounsel would constitute the unlicensed practice of law in Florida.

Thank you for your time and attention.

Sincerely,

Michael Locke
127 Delvalle St.
Melbourne Beach, FL 32951
Mbl22885@msn.com<mailto:Mbl22885@msn.com>
(321)506-9557<tel:(321)506-9557>

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Michael Locke”

https://www.muckrock.com/foi/tallahassee-10211/formal-advisory-opinion-request-to-florida-bar-unlicensed-practice-of-law-documents-144915/

3. “Thomson Reuters Corporation Signs Definitive Agreement to Acquire Casetext”

https://www.thomsonreuters.com/en/press-releases/2023/june/thomson-reuters-corporation-signs-definitive-agreement-to-acquire-casetext.html

4. “Over $26 million will be allocated within the coming year to organizations providing legal representation, assistance in court proceedings, and defense in cases related to homelessness for veterans.”

https://www.disabledveterans.org/va-unveils-major-grants-to-combat-rising-veteran-homelessness/

5. “Proponents of AI tout its potential to increase access to justice, particularly for litigants with limited resources. Our court system has a monopoly on many forms of relief. If you want a discharge in bankruptcy, for example, you must see a federal judge. For those who cannot afford a lawyer, AI can help. It drives new, highly accessible tools that provide answers to basic questions, including where to find templates and court forms, how to fill them out, and where to bring them for presentation to the judge—all without leaving home. These tools have the welcome potential to smooth out anmismatch between available resources and urgent needs in our court system.”

https://www.supremecourt.gov/publicinfo/year-end/2023year-endreport.pdf

6. “Thomson Reuters to Provide Westlaw Precision to U.S. Federal Courts

Agreement brings increased efficiency and accuracy to the Federal Judiciary, dramatically improving research speed and quality”

https://www.thomsonreuters.com/en/press-releases/2024/january/thomson-reuters-to-provide-westlaw-precision-to-us-federal-courts.html

7. “Your expanded role includes two primary tasks: 1) Identify if a VA circular contains a good cause exception to the Administrative Procedure Act notice and comment period, using the provided 'Good Cause Notice and Comment' PDF as a reference. 2) Analyze VA circulars to determine if they contain substantial/legislative rules, based on criteria provided in the Rank and Fugere decisions. Provide clear, accurate analyses, adapting your approach to offer both detailed breakdowns and summary conclusions as required by the user.

https://chat.openai.com/g/g-90yabIedw-rule-identifier

Give me half of whatever you guys project the average agency grant to be and I’ll give you something capable of assisting Veterans that’ll deliver results in short order.

Hello,

I'm reaching out to propose an enhancement to the legal support services offered to our veterans through VA hospital legal clinics. Since 2019, Thomson Reuters has provided their legal research products to the Federal Judiciary. Recently, on January 3, 2024, their contract was updated to incorporate Westlaw Precision, a tool enriched by AI capabilities, suggesting that its innovative AI-assisted features were a significant factor in the contract's renewal.

The integration of Westlaw Precision has revolutionized legal research by enabling professionals to conduct searches using conversational language and receive comprehensive, AI-generated responses. This has greatly improved the efficiency of legal research, drawing from a robust collection of legal documents for accurate, authoritative results.

Considering the apparent reliability of Precision due to its use by the federal courts, I believe our veterans would greatly benefit from similar access through the VA's legal clinics. This would provide them with unparalleled support in navigating their legal challenges.

I would welcome the opportunity to discuss how we could extend this advanced legal research capability to our veterans.

Warm regards,

Michael Locke

One could argue that the VA's sole source contract with Westlaw for online legal research services indirectly supports the VA's duty to assist veterans in their benefits claims. Given that the VA recognizes the necessity of such a comprehensive legal research tool for its own use in adjudicating claims and legal analysis, it could be argued that veterans should also have access to similar resources to adequately prepare and support their claims. This access could be seen as part of the VA's obligation to provide all necessary assistance to veterans in substantiating their claims, ensuring they have a fair opportunity to present their cases with the best available legal precedents and interpretations.

https://www.highergov.com/contract-opportunity/da10-vba-westlaw-online-subscription-36c10d22q0005-p-f1709/

The argument that the VA's use of specialized legal research tools like those provided by West Publishing Corporation is essential for resolving benefits issues and that similar resources should be made available to veterans to ensure equity and informed decision-making is compelling. This approach aligns with the VA's duty to assist veterans in preparing and substantiating their claims, as outlined in 38 USC § 5103A. Here are excerpts from relevant case law that support various aspects of this argument:

1. Veterans Claims Assistance Act of 2000 (VCAA): The VCAA, codified at 38 U.S.C. § 5103A, mandates the VA to assist veterans in developing their claims for benefits. This assistance includes obtaining records relevant to the claim and providing medical examinations when necessary for decision-making on the claim. The case of David R. Gagne v. Robert A. McDonald illustrates the VA's obligation under the VCAA to make reasonable efforts to assist claimants, highlighting the importance of access to comprehensive resources for claim development??.

2. Duty to Assist in Obtaining Evidence: The VA's duty to assist includes making reasonable efforts to obtain relevant records that can help substantiate a veteran's claim. This principle is further elaborated in Golz v. Shinseki, where the court affirmed the VA's duty to assist as found in 38 U.S.C. § 5103A, emphasizing the pro-claimant system and the requirement to develop the veteran's claim fully and sympathetically??.

3. Relevance and Reasonable Efforts: The case of Sullivan v. McDonald discusses the VA's duty to assist in obtaining records, noting that this duty extends only to potentially relevant records. This underscores the necessity for access to tools that can help identify and analyze relevant legal and factual information to support claims??.

4. Empowering Veterans with Information: The argument for providing veterans with access to legal research tools mirrors the VA's duty to assist, as it equips veterans with the necessary information to actively participate in the adjudication of their claims. Cases like Charles v. Principi highlight the VCAA's impact in eliminating the well-grounded-claim requirement and expanding the VA's duty to assist, which can be seen as supporting the broader principle of empowering claimants with information and resources??.

These cases illustrate the legal framework underpinning the VA's duty to assist veterans in preparing and substantiating their claims and highlight the importance of access to comprehensive information and resources, both for the VA and veterans. Extending access to specialized legal research tools to veterans can be seen as a natural extension of the VA's duty to assist, promoting equity and informed participation in the claims process.