The Evolving Mortgage Audit and Analysis Process

TILA- Disclosure Req, Violations and Remedies

Settlements Under RESPA

Pursuit-v-UBS – Investor case proves homeowners cases

Request to Purchase Garfield Homeowners Workshop Handbook- v3 0210

Request to Purchase Garfiel Lawyers Workshop Handbook-v5 0210

Predatory Lawyers and Modification companies No better than predatory lenders

                                  HOMEOWNERS

 START HERE :  Request for Preliminary Document Review  

The start of every case, as I see it, is the collection of facts and documents, so that a complete mortgage evaluation and status report can be prepared by an independent third party who can serve as an expert witness if the need arises. If you are a lawyer and need assistance with your case contact the email below,  if you are a homeowner and want assistance we first need to gather and understand the basic pattern of facts and parties involved prior to discussing with you so click the link above to request a Preliminary Document Review. Just follow the directions on the form that you download and use it as the cover sheet with your documents.

The current “cottage industry” of TILA audits is insufficient but a necessary part of the entire package that needs to be completed in order to properly advise a homeowner, as well as impressing an attorney with the validity of claims to be made both defensively and offensively.

This requires not only a thorough mortgage audit or review of the loan transaction itself, but a case evaluation from the standpoint of issues raised by securitization of loans. Additionally, the chain of title and the appraisal are necessary elements to consider in a comprehensive “forensic” review.  The current Qualified Written Request form being used by most services dates back prior to securitization, as does the methods and analysis of the of the mortgage process in a specific transaction.

The objective is to get the case in position where it can be settled without litigation. This is not always possible, but there are a number of forms, letters and strategies I have either created or accepted from submissions of other lawyers, in which the Trustee, the mortgage broker, the appraiser, the escrow agent, the title agent, and the “lender” are put on notice that there is a damage claim that might apply against them and that might be covered by errors and omissions insurance policies or other insurance.

The failure of mitigators, auditors,HUD counselors and lawyers to see these transactions within the context of table-funded loans, assignments, pooling and securitization is a serious flaw in the advice and strategies employed.

You can play a part in this movement in which homeowners assert their rightful claims to be restored to the position they were in before the mortgage and appraisal and securities fraud occurred. While we are dedicated, we are not rich  and our site receives over 30,000 visits each week and the all the information here is free, please understand that our own family demands(time & money)  necessitate that we are compensated for getting personally involved in individual matters.  I have brought in some people who are putting our philanthropic efforts into a business model in order to pay those who wish to help but cannot afford to do so without compensation.

We have designed a package of services that in my opinion meets the required criteria for the process to commence — and to enhance the prospect of a favorable result for the homeowner. While I have spoken with and reviewed the work of dozens of mitigators, auditors and lawyers, getting them to accept the criteria, which requires more work and less profit, has been a challenge. However we have one group thus far that is doing the work as I have asked and people capable of doing an in depth forensic review and report — and I am assisting them. And we have many more attorneys now than we had  months ago, but we are looking for more. Let us know if you have an active foreclosure defense/offense law practice and would be interested in taking cases we can refer(no referal fee/no co-counsel fee), we can add you to the list of “Lawyers That Get It” on the left hand side of the landing page of this blogsite.

Contact foreclosuredefensegroup@gmail.com to learn more about our forensic mortgage analysis and  litigation support services for lawyers.

We have 20 million households to reach, some of whom have already been dispossessed out of houses they still legally own but don’t know it.

7 Responses

  1. Is there any hope for those of us who have already had their property sold? There are/were many questionable entities even on the original Mortgage. I’m redundant here; but the Condo I “Bought” for $156,000, with $30,000 down sold for $36,100. It seems to me Recontrust, or Bank of America, or any of the several parties involved in this could have just offerred to lower my principal to that amount, and my Wife would not have had to uproot Her whole Life. I was paying 0ver $950 per month for this place. Now whoever “Owns” it is paying probably $150 plus/minus. Sure doesn’t seem fair in my Judgement.

  2. If you are gearing up for a court battle, make sure you get the forensic Analysis and the Title combo, the two analysis’s work together to provide your attorney with the right ammunition. Order from LuminaQ or Livinglies.
    Thank you!

  3. In need of attorney in cleveland ohio area with experience understanding and defending securitization and loan audits for TILA, RESPA and FDCPA. Our home loan is refi under 3 year time limit for reg z.

  4. This requires not only a thorough mortgage audit or review of the loan transaction itself, but a case evaluation from the standpoint of issues raised by securitization of loans.

  5. I’m telling all my forensic loan audit clients that I expect housing values to tumble for another 5 years then do a lateral skate for the next 20. Retiring baby boomers, boomeranging 20somethings and overburdened Gen Xers will not be able to afford any inflated housing and will barely be able to afford things at the bottom of the ebb.
    I predict another severe drop in housing – basically 75% down off all highs in all markets. Some places are already at 80% below peak. I expect the rest to follow.
    Another thing I noticed not mentioned on many sites: Despite the tax credit, anyone buying property now will most likely see a 35% drop from where things are now. Which means that those buying now will probably default as well.

    A real loan audit–not a computer generated template–is what is necessary for a strong basis for any moves against a lender. I explain it to my clients this way:
    As an auditor, I make the ammunition. It’s good legal counsel that provides the guns. I make the cannonballs, they have the cannons. Don’t expect a bb gun to get the same results!

    I basically give people four questions to ask any auditor they are contemplating to use:

    1) Will you be able to talk to your auditor, ask them questions and have a consultation about the findings of your audit after it’s finished?

    Many people don’t understand most of what’s in their loan documents and most audits are equally as confusing. Being able to discuss your audit with your auditor is crucial to understanding its impact and what you can do with it afterwards.

    2) Will your auditor use a computerized template or will they do a complete human eye examination?

    Many so-called auditors use computers to do their audits. These computerized audits generally catch violations only 30-40% of the time and those violations may not help you with your case. MANY LAWS DO NOT OFFER THE SUBSTANTIAL TRACTION NEEDED TO MOTIVATE YOUR LENDER TO ACT. Do not waste your money or valuable time on an audit that will not be complete, thorough and address your specific needs for your specific case.

    3) Will your forensic loan audit include exhibits linking findings in the audit to specific pages in the loan documents?

    Pinpointed exhibits (along with an exhibits list) help tremendously in litigation as well as help all parties reading the audit determine where the discrepancies lie. It also helps your lawyer and may save you money in legal fees by making things easier on your attorney.

    4) Does your auditor have experience with properties in litigation?

    It’s a start. Make sure they know what they are doing before you hire them. Your ammunition must be strong!

  6. would like follow up information regarding Georgia and Florida laws

  7. Why cant we find the CUSIP number of the promissory note security instrument and see who has it. Yes they all go to a pooling spv, however we at least will know where it is. Is getting the CUSIP of any advantage, if indeed we can get it and use it. If we know where it is then demand it back after all it is ours ,right.

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