The #1 goal of the mortgage audit is to determine whether there were violations of federal law.If these violations are found, then the borrower may be eligible for complete relief of the predatory loan or a very favorable loan modification.Complete relief of the preadtory mortgage is called as a loan rescission. Meaning the lender takes back the “predatory loan” and awards or credits back to the borrower all interest made on payments thus far, loan origination fees, all applicable lenders fees, penalties and attorney’s fees.However, in most cases the borrower may be uneligible to rescind their loan because they are just too far underwater to obtain a mortgage and their credit rating may have been adversely affected by the loan that has cause them pain and suffering.
The most common option is just to mediate the loan with your lender and fight for an affordable loan modification based on the legal violations on the loan. Everyone wins here.The homeowner has their loan fixed and may have their principle balance may be reduced also. The lender does not lose their shirt because they have mediated the matter without employing their full legal staff on the file and wasting operating expenses. What do we do on a forensic loan document review for attorneys or borrowers? Let me tell you.
FORENSIC LOAN DOCUMENT AUDIT
Complete client interview and all applicable parties
Complete loan document and disclosure audit by 30 year underwriting and fraud and compliance mortgage professional
Truth in Lending Act (TILA) and Real Estate Settlement & Procedures Act (RESPA)
Reverse engineering of your loan terms and Annual Percentage Rate (APR) for possible TILA violations
Complete 15 page report with all violations and findings
CONSTRUCTIVE FRAUD
Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which a reasonable borrower would want to know before accepting the loan. Did the broker or loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower?
FRAUD AND NEGLIGENT MISREPRESENTATION
Were any representations, statements, or comments, written or oral made by the loan officer, broker, notary or anyone else which contradicted the terms of the documents?
NEGLIGENT MISREPRESENTATION
When a mortgage professional makes errors which a reasonably diligent mortgage professional would not have made, he or she may have made a negligent misrepresentation.
BREACH OF CONTRACT
The note and its attachments are a contract. The broker must follow all the terms of the contract such as the way the interest is calculated, and the penalties it assesses. Were there any terms in the contract which the lender failed to follow?
LOAN AUDIT REPORT
Results report of all factual findings of the forensic audit
Any and all applicable federal law violations
The real terms of your loan
Outline of hidden fees and/or commission earned by your broker or lender
A complete assessment so you can pursue possible legal claims against your broker and/or lender
AVAILABLE IN ALL 50 STATES
