Monthly Archives: March 2010

DCG Slider 3

Foreclosure Defense

Foreclosure Defense

If you are facing foreclosure you have more foreclosure defenses than you may realize.    The most often used foreclosure defense is to file for bankruptcy which will buy you some time with an immediate stay of any foreclosure proceeding, but at the end of the day when your bankruptcy is discharged, the bank is going to be waiting with a motion to lift the stay on your foreclosure and push forward to foreclosure on your property.    It may very well be that bankruptcy is your best alternative in the event that you have a large amount of medical bills or credit card bills or other unsecured debt to have discharged.    If you are considering bankruptcy ONLY because you are facing foreclosure there are alternatives.      There are several other bankruptcy alternatives.    If you find that your lender or mortgage broker violated RESPA or TILA or HOEPA when your mortgage was underwritten you can have an attorney stop your foreclosure by filing a TRO or temporary restraining order on your trustee.     The courts are granting these fairly liberally.    This will buy you time and force your lender to the negotiating table as they will see a potentially damaging and costly suit coming and will want to mitigate their losses.      This process can stop the foreclosure and give you the time you need to negotiate a loan modification and place  your lender in a bad negotiating position.    This is doubly true if we find that the bank has committed a significant mortgage violation that could result in a rescission of the mortgage.   We find these mortgage violations in almost ALL variable rate mortgages.   Rescission, for those of you who have not read it’s description in other articles on this site results in the bank being forced to give you back all of the  interest payments you’ve made from the origination of the mortgage AND all of the fees your were charged on your final settlement sheet or HUD-1.    Rescission DOES NOT GET YOU YOUR HOME FOR FREE!    But it does put you back into the position you were just before your loan funded and really places the bank in a painful position.     The deed of trust, which is the lenders security interest in your property is REMOVED.   Which means you still owe the bank what you borrowed (less the moneys you have paid to the bank over the life of the loan and the fee reimbursements)        Now you still own the property and the bank is NO longer secured.    They no longer have a security interest in your property so the debt becomes non-secured.    This means you have taken away the banks ability to foreclose. No security interest, no right to foreclose.    Rescission, which is your right if certain violations are found, is a very powerful tool to force the banks hand in modifying your loan and getting a principal reduction.    It is a wonderful and powerful foreclosure defense.     You need to obtain a forensic loan audit to effect a rescission.     We will be glad to look at your documents for free to determine if mortgage violations exist.   If they exist, then you can choose to have the complete forensic loan audit.     Now there is yet another foreclosure defense.     It works whether or not you have obtained a forensic loan audit.     There are distressed property Realtors’ who   are experts at short sales.  We happen to work with one of the best in Northern Virginia.    If you are so buried in a property with hundreds of thousands of negative equity and just want out.      Or, you are just thinking “screw it, I’ll let the bank have my property and good riddance!  I owe way more than its worth and I’m just tired of the stress!”   You might want to think again.     We have a wonderful Realtor who will list the short sale AND get a buyer quick by pricing the property correctly or using one of our real estate  investors and then stop the foreclosure by obtaining a quick offer and running the offer to the lender.   This will stop the foreclosure while the bank considers the offer.     The reason you would prefer short sale as a foreclosure defense over Foreclosure is simple.     You can borrow again in only 2 years if you short sale.  If you allow the  Foreclosure , you will no be able to borrow for another 5-7 years.    It is the worst stain on a credit report because it shows that you didn’t even try.    Short sale is a good foreclosure defense…     Further, if you have found violations in your mortgage documents, your lender is likely to leave you alone regarding the deficiency judgment or waive it altogether at settlement if you waive your rights to sue the bank.    If you have questions feel free to contact us.

540-341-1481      info@legalforensicauditors.com

nothing herein shall be construed as legal advice.   It is rather the opinion of the author

  • If you need someone to help you or just need someone to talk to about your distressed mortgage situation,   FILL THE FORM ON THE SIDEBAR.    no spam, no BS  just good solid people helping distressed homeowners.
  • Deficiency Judgments

    Deficiency Judgments

    How does one avoid a deficiency judgment? Is my lender going to come after me with a potential deficiency judgment? Is a foreclosure deficiency judgment the same as a short sale deficiency judgment? What effect does bankruptcy have on avoiding deficiency judgments? How do I negotiate with my lender to avoid a deficiency judgment if I decide to short sale my home? Are there attorneys who will negotiate me out of a deficiency judgment if I short sale my home? Do all lenders enforce deficiency judgments? Are Bank of America, Ocwen, EMC mortgage, Chase, Wells fargo, Saxon all enforcing deficiency judgments?

    OK, some answers. Yes the banks are seeking deficiency judgments. If you allowed a foreclosure on your property to take place instead of short selling the property, you had no control whatsoever over the matter. This is why we plead with clients to short sale the property and get a good short sale attorney to represent you to avoid the deficiency judgment at the time of the transaction. There are attorneys that work with “good” short sale real estate agents that will do this for you for NOTHING. They actually charge your lender at the closing table on the HUD-1 for their services and YOU PAY NOTHING.

    Lets talk a bit about short sale vs foreclosure. First of all when you allow foreclosure it damages your ability to borrow mortgage money much much more than a short sale. The new underwriting rules show clearly that a foreclosure will prevent you from borrowing for 5 years. This will be after the “smart money 2012″ bottom. A short sale will only give you a two year time out, just in time to buy in the 2012 proverbial residential real estate bottom. All speculation of course, but you certainly want options as soon as possible.

    The difference between a foreclosure deficiency judgment and a short sale deficiency judgment is control. In a short sale you have the ability to negotiate with the lender, and if you or your short sale attorney or your very good short sale Realtor are diligent and make a good argument at the appropriate time in the negotiation process you can avoid the deficiency judgment by having the lender waive it at closing. They will do this many times just to close out the deal if you bring pressure at the right instant. Timing is critical in making this request. A good short sale attorney or short sale Realtor can make a huge difference in this process. It IS important.

    In a foreclosure event you do not have any control whether or not there will be a deficiency that the bank can collect from you. The bank decides without any interference or interaction with you. If they think you have assets or cash flow and just threw the lender under the bus, they will come after you for the deficiency judgment. They will sue you and harass you and try to break you down until you file bankruptcy, commit suicide or deal with them in a payment plan or a sale of some other asset you have to pay them off. Yes, the executives of these large mortgage lenders got silly rich on the tax payers. Watch Michael Moores’ “Capitalism, a Love Affair” and get some serious religion about what is going on in this Country. We are all screwed unless we teach these banks and the greedy jackass’s that run them a lesson with our votes and with the adjudication of the violations they have inflicted upon us by showing the violations to the courts and demanding from the courts the relief the law mandates. This is why we do what we do.. We are here to help homeowners know their options.

    Next, what can one do to protect oneself from deficiency judgments of any flavor from a mortgage company? There is something. It is so simple. It is the bully principle. Bullies do not pick on kids with baseball bats. A forensic audit of your sub prime adjustable rate loan is like taking a baseball bat out of the closet before you step outside. You have an extremely high likelihood of finding serious federal violations if you have one of these loans. We have audited hundreds and hundreds of mortgages and find actionable violations of RESPA and TILA in virtually every one. If you do as we suggest and send a copy of the forensic audit to your lender demanding that they cure the defects in your loan, your lender will think long and hard about going after you for a deficiency judgment. Why should they when there are so many others who do not know that they have a defense or a counter claim because they have not had their mortgage audited?

    Ok, this is an important question. Are all lenders alike? Does Bank of America enforce deficiency judgments more than Chase, Ocwen, Wachovia, PNC, Saxon or EMC? Are you safe if your short sale was with a local lender? Will you get a better Loan Modification if you have Wachovia rather than Bank of America as a lender?

    These are good questions. There are differences in how these banks are reacting to the onslaught of loan modifications and short sales. They each have different policies and methods. We actually had OneWest respond to a QWR demanding that our client pay for making copies of the documents we were requesting. Completely illegal. Recently GMAC refused to respond to part of our clients QWR stating that some of the documents we were requesting were “trade secret” protected. Both were reported to HUD.

    The bottom line spirit of this post is to show the power a homeowner gets from a forensic audit. It levels the playing field for you. It allows you to set terms. It forces the bank to deal with you not from a level of complete power, but from a level of respect. If you know that you have busted your bank with a rescissionable violation of RESPA or TILA you are in the drivers seat. You can short sale your house without the looming fear of deficiency judgment harassment. You can send a rescission letter to your lender and force them to consider a principle reduction on your mortgage in your mortgage modification. It doesn’t matter whether you live in Virginia, Maryland, Delaware, North Carolina or Florida These are federal guidelines and your bank will respect you after you uncover their violations.   The transition(alone) from having your lender literally telephone vomiting on you to showing you the respect you deserve is worth the cost of the audit.      Thanks for reading.       Our office number is    540-341-1481

  • If You want someone to help you negotiate with your bank NOW or you want to find out more about a forensic audit. We are happy to review your loan documents for free.
  • Lenders who might seek deficiency judgments currently on the implode list:

    381. Assurity Financial Services, LLC
    380. Premium Capital Funding, LLC dba TopDot Mortgage
    379. First Regional Bank, Century City
    378. Security Atlantic Mortgage Co.
    377. Apex Lending, Inc.
    376. Charter Bank, Santa Fe
    375. Equitable Trust Mortgage Corp.
    374. AmTrust Bank
    373. Dynamic Capital Mortgage
    372. Lend America / Lending Key
    371. New South Federal Savings Bank
    370. AME Financial Corp.
    369. Envision Lending Group Inc.
    368. Warren Bank
    367. Stockton Turner & Company
    366. The Lending Company Inc. – Wholesale
    365. Capmark Financial Group Inc.
    364. Northeast Mortgage Corp.
    363. Security Mortgage Corporation
    362. Windsor Capital Mortgage Corp.
    361. First Rate Capital Corp.
    360. StoneWater Mortgage Corp.
    359. First National Bank of the South – Wholesale
    358. Senderra Funding – Wholesale
    357. Capstone Realty Advisors
    356. Granite Mortgage, Inc.
    355. Worldwide Financial Resources Inc.
    354. Guaranty Bank – Warehouse
    353. Colonial Bank
    352. Corus Bank
    351. America One Finance
    350. Taylor, Bean & Whitaker Mortgage Corp. – Wholesale
    349. 1st Reverse Financial Services LLC
    348. HCI Mortgage
    347. BankersWest Funding Corp.
    346. American Partners Bank
    345. Senior Lending Network
    344. BankUnited, F.S.B.
    343. Precision Financial, Inc.
    342. Accredited Home Lenders, Lone Star Funds
    341. Wells Fargo – Small-Cap Commercial
    340. Guaranty Bank – GB Mortgage
    339. American Sterling Bank
    338. Chase Home Mortgage – Construction Lending
    337. First Security Loan Corp
    336. South Pacific Financial Corp. – Wholesale
    335. Home Loan Consultants, Inc.
    334. Central States Mortgage
    333. HSBC – HFC & Beneficial
    332. JPMorgan Chase – Warehouse
    331. Ameritime Mortgage Co. LLC
    330. Perfect Mortgage – PerfectFHA
    329. EquiFirst
    328. Residential Loan Centers of America
    327. CU National Mortgage
    326. Colonial National Mortgage – Wholesale
    325. U.S. Mortgage Corp. – Retail
    324. First Interstate Financial – Wholesale
    323. Realty Mortgage Corp.
    322. Vertice
    321. USA Home Loans – Wholesale
    320. SunTrust Mortgage – FHA Wholesale
    319. First Federal – Wholesale
    318. 21st Mortgage – Wholesale
    317. J.B. Nutter & Co. – Wholesale
    316. Homebridge Mortgage Bankers – Refinance.com
    315. 1st Republic Mortgage Bankers
    314. Superior Mortgage Corp – Wholesale
    313. Wall Street Financial Corp – Wholesale
    312. Fairfield Financial Mortgage Group
    311. Chase Prime – Wholesale
    310. Sunshine & Madison Mortgage Corp
    309. Liberty One Lending
    308. Frontier Investment Co.
    307. Solstice Capital Group – HSBC
    306. MortgageIT
    305. HCL Finance Inc. – Wholesale
    304. LIME Financial Svcs. – Wholesale
    303. Mortgage Network Inc. – Wholesale
    302. Fortes Financial – Wholesale
    301. HSBC Mortgage Corp. – Wholesale
    300. CBRE Realty Finance
    299. Franklin Bank, SSB
    298. Mortgage Lion, Inc. – Wholesale
    297. HMS Capital, Inc.
    296. CTX Mortgage Co. – Retail
    295. Equity One Commercial
    294. Coldstream Financial Svcs.
    293. Banco Popular North America – Wholesale
    292. Ace Mortgage Funding, LLC
    291. E-Loan
    290. Gateway Bank, F.S.B. – Wholesale
    289. First Call Mortgage Co.
    288. Downey Savings and Loan – Wholesale
    287. Prospect’s Metrocities Mortgage – Wholesale
    286. ComCor Mortgage – Wholesale
    285. Chevy Chase Bank – Wholesale
    284. Washington Mutual – Retail and Warehouse
    283. Hometown Commercial Capital
    282. Mid Atlantic Capital LLC
    281. Kemper Mortgage, Inc.
    280. Liberty Mortgage Funding Co.
    279. Freddie Mac
    278. Fannie Mae
    277. Pacific Community Mortgage, Inc. – Gold Reverse, Inc.
    276. Homecomings Financial, LLC
    275. Thornburg Mortgage
    274. CSB Mortgage
    273. Carteret Mortgage Corporation
    272. Western Residential Mortgage
    271. Liberty Home Lending
    270. Equipoint Financial Network, Inc.
    269. Ideal Mortgage Bankers, Ltd. – Wholesale
    268. Silver State Bank – Wholesale
    267. Irwin Union Bank & Trust Co. – Wholesale
    266. SunTrust Bank Equity Wholesale
    265. Wachovia Mortgage, FSB – Wholesale
    264. Lehman Brothers SBF
    263. IndyMac Bancorp
    262. Mortgages Ltd.
    261. Wilmington Finance – Wholesale
    260. Accredited Home Lenders, Home Funds Direct
    259. Assured Lending Corp. – Wholesale
    258. Homewide Lending Corporation
    257. Vanguard Mortgage & Title, Inc.
    256. Chase Home Equity – Wholesale
    255. Chase Subprime – Wholesale
    254. Evergreen Investment & Carnation Banc
    253. Casa Blanca Mortgage/Shearson – Wholesale
    252. Guaranty Bank – Correspondent
    251. Citi Residential Lending
    250. Montgomery Mortgage Capital Company
    249. E*Trade Wholesale Lending
    248. Shearson Financial Network, Inc.
    247. American Bank Mortgage Group – Wholesale
    246. AmeriBanc Corp.
    245. Washington Mutual – Wholesale
    244. Century Bank, F.S.B. – Wholesale
    243. Diversified Mortgage, Inc.
    242. National Wholesale Funding
    241. Centennial Mortgage and Funding, Inc./Award Mortgage
    240. Fidelity Home Mortgage Corp.
    239. LMI Funding, Inc.
    238. Millennium Mortgage – Wholesale
    237. Origen Financial, Inc. (Correspondent)
    236. CitiMortgage – Home Equity Wholesale
    235. Bear Stearns Residential Mortgage
    234. East West Mortgage Co. of VA
    233. New Vision Residential Lending
    232. Washington Savings Bank, F.S.B. – Wholesale
    231. Macquarie Mortgages USA Inc.
    230. Global Mortgage, Inc.
    229. Unique Mortgage Solutions (UMS, LLC)
    228. First Franklin – Merrill Lynch
    227. First National Mortgage Sources
    226. Resource Mortgage (Wholesale)
    225. KH Financial
    224. Lydian Mortgage
    223. OMG Wholesale Lending
    222. Saxon Mortgage (Wholesale)
    221. Beazer Mortgage Corp.
    220. Allpointe Mortgage (Broker Program)
    219. Popular Warehouse Lending
    218. Allied Lending Corp. (Wholesale)
    217. BF Saul Wholesale Lending
    216. Community Resource Mortgage
    215. Lehman/Aurora Loan Services
    214. Residential Mortgage Capital
    213. Maverick Residential Mortgage
    212. Countrywide Financial Corp.
    211. First NLC Financial Services
    210. First American Bank (Wholesale)
    209. Soma Financial
    208. National City Corp. (Wholesale)
    207. Heartland Wholesale Funding
    206. Homefront Mortgage Inc.
    205. PNC Bank H.E.
    204. Family First Mortgage Corp.
    203. First Fidelity Financial
    202. BSM Financial
    201. 1st Choice Mortgage
    200. Wescom Credit Union
    199. Coast Financial Holdings/Coast Bank
    198. WaMu (Subprime)
    197. First Madison Mortgage
    196. Southern Star Mortgage
    195. TransLand Financial
    194. Secured Bankers Mortgage Company (SBMC)
    193. ComUnity Lending
    192. Delta Financial Corp
    191. BayRock Mortgage
    190. Empire Bancorp
    189. Option One – H&R Block
    188. Citigroup – FCS Warehouse
    187. Charter One (Wholesale)
    186. Wells Fargo – Home Equity
    185. Paul Financial, LLC
    184. Webster Bank (Wholesale)
    183. Fieldstone Mortgage Company
    182. Tribeca Lending Corp. (Wholesale)
    181. WAMU Comm. Correspondent
    180. Marlin Mortgage Company
    179. Countrywide Specialty Lending
    178. UBS Home Finance
    177. MortgageIT-DB (Retail)
    176. Edgewater Lending Group
    175. ResMAE Mortgage Corp.
    174. Citimortgage Correspondent (2nds)
    173. AMC Lending
    172. Liberty American Mortgage
    171. Exchange Financial (Wholesale)
    170. FirstBank Mortgage
    169. Bank of America (Wholesale)
    168. Diablo Funding Group Inc.
    167. Honor State Bank
    166. Spectrum Financial Group
    165. Priority Funding Mortgage Bankers
    164. BrooksAmerica Mortgage Corp.
    163. Valley Vista Mortgage
    162. New State Mortgage Company
    161. Summit Mortgage Company
    160. WMC
    159. Paragon Home Lending
    158. First Mariner Wholesale
    157. The Lending Connection
    156. Foxtons, Inc.
    155. SCME Mortage Bankers
    154. Aapex Mortgage (Apex Financial Group)
    153. Wells Fargo (various Correspondent and Non-prime divisions)
    152. Nationstar Mortgage
    151. Decision One (HSBC)
    150. Impac Lending Group
    149. Long Beach (WaMu Warehouse/Correspondent)
    148. Expanded Mortgage Credit Wholesale
    147. The Mortgage Store Financial
    146. C & G Financial
    145. CFIC Home Mortgage
    144. All Fund Mortgage
    143. LownHome Financial
    142. Sea Breeze Financial Services
    141. Castle Point Mortgage
    140. Premium Funding Corp
    139. Group One Lending
    138. Allstate Home Loans / Allstate Funding
    137. Home Loan Specialists (HLS)
    136. Transnational Finance Wholesale
    135. CIT Home Lending
    134. Capital Six Funding
    133. Mortgage Investors Group (MIG) – Wholesale
    132. Amstar Mortgage Corp
    131. Quality Home Loans
    130. BNC Mortgage (Lehman)
    129. First National Bank of Arizona
    128. Chevy Chase Bank Correspondent
    127. GreenPoint Mortgage – Capital One Wholesale
    126. NovaStar, Homeview Lending
    125. Quick Loan Funding
    124. Calusa Investments
    123. Mercantile Mortgage
    122. First Magnus
    121. First Indiana Wholesale
    120. GEM Loans / Pacific American Mortgage (PAMCO)
    119. Kirkwood Financial Corporation
    118. Lexington Lending
    117. Express Capital Lending
    116. Deutsche Bank Correspondent Lending Group (CLG)
    115. MLSG
    114. Trump Mortgage
    113. HomeBanc Mortgage Corporation
    112. Mylor Financial
    111. Aegis
    110. Alternative Financing Corp (AFC) Wholesale
    109. Winstar Mortgage
    108. American Home Mortgage / American Brokers Conduit
    107. Optima Funding
    106. Equity Funding Group
    105. Sunset Mortgage
    104. Nations Home Lending
    103. Entrust Mortgage
    102. Alera Financial (Wholesale)
    101. Flick Mortgage/Mortgage Simple
    100. Dollar Mortgage Corporation
    99. Alliance Bancorp
    98. Choice Capital Funding
    97. Premier Mortgage Funding
    96. Stone Creek Funding
    95. FlexPoint Funding (Wholesale & Retail)
    94. Starpointe Mortgage
    93. Unlimited Loan Resources (ULR)
    92. Freestand Financial
    91. Steward Financial
    90. Bridge Capital Corporation
    89. Altivus Financial
    88. ACT Mortgage
    87. Alliance Mortgage Banking Corp (AMBC)
    86. Concord Mortgage Wholesale
    85. Heartwell Mortgage
    84. Oak Street Mortgage
    83. The Mortgage Warehouse
    82. First Street Financial
    81. Right-Away Mortgage
    80. Heritage Plaza Mortgage
    79. Horizon Bank Wholesale Lending Group
    78. Lancaster Mortgage Bank (LMB)
    77. Bryco (Wholesale)
    76. No Red Tape Mortgage
    75. The Lending Group (TLG)
    74. Pro 30 Funding
    73. NetBank Funding, Market Street Mortgage
    72. Columbia Home Loans, LLC
    71. Mortgage Tree Lending
    70. Homeland Capital Group
    69. Nation One Mortgage
    68. Dana Capital Group
    67. Millenium Funding Group
    66. MILA
    65. Home Equity of America
    64. Opteum (Wholesale, Conduit)
    63. Innovative Mortgage Capital
    62. Home Capital, Inc.
    61. Home 123 Mortgage
    60. Homefield Financial
    59. First Horizon Subprime, Equity Lending
    58. Platinum Capital Group (Wholesale)
    57. First Source Funding Group (FSFG)
    56. Alterna Mortgage
    55. Solutions Funding
    54. People’s Mortgage
    53. LowerMyPayment.com
    52. Zone Funding
    51. First Consolidated (Subprime Wholesale)
    50. SouthStar Funding
    49. Warehouse USA
    48. H&R Block Mortgage
    47. Madison Equity Loans
    46. HSBC Mortgage Services (correspondent div.)
    45. Sunset Direct Lending
    44. Kellner Mortgage Investments
    43. LoanCity
    42. CoreStar Financial Group
    41. Ameriquest, ACC Wholesale
    40. Investaid Corp.
    39. People’s Choice Financial Corp.
    38. Master Financial
    37. Maribella Mortgage
    36. FMF Capital LLC
    35. New Century Financial Corp.
    34. Wachovia Mortgage (Correspondent div.)
    33. Ameritrust Mortgage Company (Subprime Wholesale)
    32. Trojan Lending (Wholesale)
    31. Fremont General Corporation
    30. DomesticBank (Wholesale Lending Division)
    29. Ivanhoe Mortgage/Central Pacific Mortgage
    28. Eagle First Mortgage
    27. Coastal Capital
    26. Silver State Mortgage
    25. ECC Capital/Encore Credit
    24. Lender’s Direct Capital Corporation (wholesale division)
    23. Concorde Acceptance
    22. DeepGreen Financial
    21. American Freedom Mortgage, Inc.
    20. Millenium Bankshares (Mortgage Subsidiaries)
    19. Summit Mortgage
    18. Mandalay Mortgage
    17. Rose Mortgage
    16. EquiBanc
    15. FundingAmerica
    14. Popular Financial Holdings
    13. Clear Choice Financial/Bay Capital
    12. Origen Wholesale Lending
    11. SecuredFunding
    10. Preferred Advantage
    9. MLN
    8. Sovereign Bancorp (Wholesale Ops)
    7. Harbourton Mortgage Investment Corporation
    6. OwnIt Mortgage
    5. Sebring Capital Partners
    4. Axis Mortgage & Investments
    3. Meritage Mortgage
    2. Acoustic Home

    Further if your law firm is in the debt consolidation business and you are in any of the jurisdictions below and you have an excellent track record of success, we’d like to talk to you.

    New York New York Los Angeles California Chicago Illinois Houston Texas Phoenix Arizona Philadelphia Pennsylvania San Antonio Texas Dallas Texas San Diego California San Jose California Detroit Michigan San Francisco California Jacksonville Florida Indianapolis  Indiana Austin Texas Columbus Ohio Fort Worth Texas Charlotte North Carolina Memphis Tennessee Baltimore  Maryland Boston  Massachusetts El Paso Texas Milwaukee Wisconsin Denver Colorado Seattle Washington Nashville  Tennessee Washington District of Columbia Las Vegas Nevada Portland Oregon Louisville  Kentucky Oklahoma City Oklahoma Tucson Arizona Atlanta Georgia Albuquerque New Mexico Kansas City  Missouri Fresno California Sacramento California Long Beach California Mesa Arizona Omaha Nebraska Cleveland Ohio Virginia Beach Virginia Miami Florida Oakland California Raleigh North Carolina Tulsa Oklahoma Minneapolis Minnesota Colorado Springs Colorado Honolulu  Hawaii Arlington Texas Wichita Kansas St. Louis  Missouri Tampa Florida Santa Ana California New Orleans  Louisiana Anaheim California Cincinnati Ohio Bakersfield California Aurora Colorado Pittsburgh Pennsylvania Riverside California Toledo Ohio Stockton California Corpus Christi Texas Lexington Kentucky St. Paul Minnesota Anchorage Alaska Newark New Jersey Buffalo New York Plano Texas Henderson Nevada Lincoln Nebraska Fort Wayne Indiana Glendale Arizona Greensboro North Carolina Chandler Arizona St. Petersburg Florida Jersey City New Jersey Scottsdale Arizona Norfolk Virginia Madison Wisconsin Orlando Florida Birmingham Alabama Baton Rouge Louisiana Durham North Carolina Laredo Texas Lubbock Texas Chesapeake  Virginia Chula Vista California Garland Texas Winston-Salem North Carolina North Las Vegas Nevada Reno Nevada Gilbert Arizona Hialeah Florida Arlington  Virginia Akron Ohio Irvine California Rochester New York Boise Idaho Modesto California Fremont California Montgomery Alabama Spokane Washington Richmond  Virginia Yonkers New York Irving Texas Shreveport Louisiana San Bernardino California Tacoma Washington Glendale California Des Moines Iowa Augusta  Georgia Grand Rapids Michigan Huntington Beach California Mobile Alabama Moreno Valley California Little Rock Arkansas Amarillo Texas Columbus Georgia Oxnard California Fontana California Knoxville Tennessee Fort Lauderdale Florida Worcester Massachusetts Salt Lake City Utah Newport News Virginia Huntsville Alabama Tempe Arizona Brownsville Texas Fayetteville North Carolina Jackson Mississippi Tallahassee Florida Aurora Illinois Ontario California Providence Rhode Island Overland Park Kansas Rancho Cucamonga California Chattanooga Tennessee Oceanside California Santa Clarita California Garden Grove California Vancouver Washington Grand Prairie Texas Peoria Arizona Rockford Illinois Cape Coral Florida Springfield Missouri Santa Rosa California Sioux Falls South Dakota Port St. Lucie Florida Dayton Ohio Salem Oregon Pomona California Springfield Massachusetts Eugene Oregon Corona California Pasadena Texas Joliet Illinois Pembroke Pines Florida Paterson New Jersey Hampton  Virginia Lancaster California Alexandria  Virginia Salinas California Palmdale California Naperville Illinois Pasadena California Kansas City Kansas Hayward California Hollywood Florida Lakewood Colorado Torrance California Syracuse New York Escondido California Fort Collins Colorado Bridgeport Connecticut Orange California Warren Michigan Elk Grove California Savannah Georgia Mesquite Texas Sunnyvale California Fullerton California McAllen Texas Cary North Carolina Cedar Rapids Iowa Sterling Heights Michigan Columbia South Carolina Coral Springs Florida Carrollton Texas Elizabeth New Jersey Hartford Connecticut Waco Texas Bellevue Washington New Haven Connecticut West Valley City Utah Topeka Kansas Thousand Oaks California El Monte California Independence Missouri McKinney Texas Concord California Visalia California Simi Valley California Olathe Kansas Clarksville Tennessee Denton Texas Stamford Connecticut Provo Utah Springfield Illinois Killeen Texas Abilene Texas Evansville Indiana Gainesville Florida Vallejo California Ann Arbor Michigan Peoria Illinois Lansing Michigan Lafayette Louisiana Thornton Colorado Athens  Georgia Flint Michigan Inglewood California Roseville California Charleston South Carolina Beaumont Texas Victorville California Santa Clara California Costa Mesa California Miami Gardens Florida Manchester New Hampshire Miramar Florida Downey California Arvada Colorado Allentown Pennsylvania Westminster Colorado Waterbury Connecticut Norman Oklahoma Midland Texas Elgin Illinois West Covina California Clearwater Florida Cambridge Massachusetts Pueblo Colorado West Jordan Utah Round Rock Texas Billings Montana Erie Pennsylvania South Bend Indiana San Buenaventura (Ventura) California Fairfield California Lowell Massachusetts Norwalk California Burbank California Richmond California Pompano Beach Florida High Point North Carolina Murfreesboro Tennessee Lewisville Texas Richardson Texas Daly City California Berkeley California Gresham Oregon Wichita Falls Texas Green Bay Wisconsin Davenport Iowa Palm Bay Florida Columbia Missouri Portsmouth Virginia Rochester Minnesota Antioch California Wilmington North Carolina

    utah foreclosure

    Utah Foreclosure help

    If you live in: Logan Utah, ogden Utah, Clearfield Utah, Provo Utah, Orem Utah,Salt Lake City Utah or St George Utah and have fallen behind on your mortgage or facing foreclosure we can help you.    There are several ways to avoid a foreclosure in Utah.    You can short sale the property, dropping the price initially enough to attract a quick buyer,  then quickly get on the phone with your lender (or allow us to do this) to stop the foreclosure.   You can obtain the services of a Utah Bankruptcy attorney who will file your bankruptcy creating an immediate stay of foreclosure allowing you time to either short sale the property or negotiate a mortgage modification with your lender.    We have found that the best possible way to negotiate a mortgage modification is not by asking your lender to be nice and lower your payment, but rather find out if your lender committed any violations of underwriting statutes through a forensic mortgage audit and then demand that the lender modify your terms at the threat of a lawsuit.    The most powerful violation you can find is an understatement of your finance charge on your final Truth in lending disclosure.   Finding this RESPA violation and placing your case in the hands of a seasoned RESPA attorney will put your lender on the defense and bring them to the negotiating table.      There are many other actionable violations of RESPA and TILA that will bring your lender to their senses, but this is by far the easiest to litigate.    Please read my other articles on Mortgage violations and avoiding deficiencey judgments and let us know what you think.   If you need immediate help, we are here to help you in any way we can, my partner Karen Kennedy is a RESPA and TILA litigation attorney, I am a forensic mortgage auditor, between us we have your mortgage issues fairly covered.

    Call us at 888-400-NOVA or 540-341-1481.     Or feel free to email forensicmortgageauditor@gmail.com

    This post is not meant nor should you consider this to be legal advice.

    Avoiding Deficiency Judgments

    Avoiding Deficiency Judgments

    The Sheep and the Porcupine

    I’m in mortgage trouble, I look online and there are a million organizations that claim to be able to help me avoid foreclosure, modify my loan, short sale my home, file bankruptcy for me and everything else in between. I should never have borrowed additional equity from my property but its too late now. How do I sort through all of this and find out what to do for real? What is the best option for me?

    Sound familiar? This is the question being asked by millions of American homeowners right now as the mortgage crisis comes into full swing. And the answer is a little different for each and every one of you. However, one thing is absolutely clear to us. There are two steps that each one of you should take to start building a defense against your lender and to see if you have a good offensive play. You should:

    1. Send in a QWR-RESPA section 6 Qualified Written Request to your lender; and
    2. Have your mortgage documents audited for mistakes made by your underwriter, mortgage broker, servicing agent & lender.

    I will discuss these briefly here and then ask you to go to other posts on the web site where we discuss these at length.

    In Brief, a QWR is a method, pursuant to Federal law, RESPA-Section 6, to force your lender to fix a defect in your mortgage. It is also used to obtain all of the documentation they have related to your loan. A Forensic Audit is a very deep compliance review of your mortgage to find illegal fees, missing or unsigned documents, miscalculations, missing federally required disclosures or untimely disclosures that could reveal that your lender has security instrument on your property based on a defective mortgage. The Forensic Mortgage Audit is much more comprehensive but you get the picture.

    Mortgage fraud and predatory lending practices were rampant from 2002 to 2008. We are finding violations in almost every single loan package we audit. Many with very serrious and actionable violations of TILA and RESPA. We are finding where Underwriters severely understate the finance charge on the final Truth in lending disclosure which is a rescissionable violation of Regulation Z. The tolerance for miscalculation is $35 and we are finding where the lender understated the finance charge by hundreds of thousands of dollars in many cases. A lender will never want to face you in a Court Room if you are armed with proof of this miscalculation. Finding these mistakes will give you a shield of protection against your lender. It will give you the leverage you need to fight for whatever you feel your best path is. Whether you wish to unload the house in a short sale and downsize or keep the house in an affordable mortgage modification, you will have the leverage you need if you find the violations in your mortgage. It is the first step anyone should take if they are in mortgage trouble.

    To use the metaphor in the title of this post the forensic audit will turn you into a porcupine instead of a sheep. At the end of the day, the lenders are going to start suing people for deficiency judgments. Who are they going to after? The Sheep, the easy targets. Of course, they are predatory. They will find the easiest weakest targets to hunt. Those that have not done their homework. Those that have not resisted. It is our opinion that putting your bank on notice that you have proof that they violated Federal law in the underwriting of your mortgage and have not only a defense against a deficiency judgment claim BUT ALSO A COUNTER CLAIM, turns you into a porcupine. You become the prickly little guy that tastes like a mouthful of needles when attacked. You will not be their first target. They are going to spend quite some time hunting down the sheep. The forensic audit in our opinion is a quasi-insurance policy against further financial harassment from your lender. If you are intending to short sale a home, if you have been foreclosed upon or are nearing foreclosure, If you just want to modify the terms of your loan, If you have a foreclosure coming up that you would like to stop (and the foreclosure is not in the next 5 days), If you are behind on your mortgage or think you will go behind, Get A Forensic Audit! It will help you in avoiding deficiency judgments.

    For more information, call 540-341-1481   or send an email to info@LegalForensicAuditors.com


    If you are behind on your mortgage, in jeopardy of losing your home, cannot afford your current payment because you expected to refi but cannot, Read the step by step QWR page after filling out this form. We will contact you within 48 hours.We dont spam and your information is completely private here. We are located in Virginia.

    Nothing herein shall be construed as legal advice, If you wish to discuss this matter with our attorney fill out the form above.

    Mortgage Help

    Mortgage Help

    If you are behind on your mortgage, in jeopardy of losing your home, cannot afford your current payment because you expected to refi but cannot, Read the step by step QWR page after filling out this form.  We will contact you within 48 hours.
    We dont spam and your information is completely private here. We are located in Virginia.   Telephone 540-341-1481    info@legalforensicauditors.com

    QWR-From angry homeowner

    March 5, 2010                           READERS -DO NOT USE THIS QWR-

    From,

    xxxxxxx   x xxxxxxxxx

    1916 Poplar Street 1st FL Rear Via Fax & Overnight Delivery

    Philadelphia, PA 19130

    To:

    EMC mortgage Corp

    C/o Jeff Tscchirhart, Esq.

    2780 Lake Vista Drive

    Lewisville, TX 75067

    QUALIFIED WRITTEN REQUEST, COMPLAINT, DISPUTE OF DEBT AND

    Validation of debt LETTER, TILA REQUEST

    This letter is a “Qualified Written Request” in compliance with and under the Real estate settlement procedures act, 12U.S.C. Section 2605(c). Reference Account # 0003256492 (hereinafter the subject loan and is the reference for all questions and requests described below).

    Dear Sir or Madam:

    I am writing to you to complain about my account and mortgage servicing. I require understanding and clarification of various sale, transfer, funding source, legal and beneficial ownership, charges, credits, debits, transactions, reversals, actions, payments, analyses and records related to servicing of this account from its origination to the present date. To date, the conversations with your service representatives have been unproductive and many of my questions have not been answered.

    EMC mortgage Corporation has violated the FDCPA and other numerous laws according to the Federal Trade Commission. I have also experienced many of the unlawful and unethical practices that EMC mortgage Corporation was fined for by the FTC.

    I am very concerned with all the news lately regarding the stories of predatory lending: you have left me feeling that there is something you are trying to hide. Furthermore, your representative contacted me and stated that at the time EMC mortgage Corporation purchased the loan referenced above there was an escrow deficiency in the amount of $21,000 that they were not aware of. In addition, it was also stated that this was an EMC oversight and mistake. Please note, that my escrow amount changes randomly and the amount you claim I owe fluctuates entirely too much to be accurate. You have failed to obtain and verify accurate records from the previous servicers of this mortgage account and thus have placed an undue financial burden on me. You have threatened in the past to accelerate the mortgage and foreclose if I refused to agree to new payment terms which the payment amount changes depending on the month and the representative I am talking to at the time. I have requested a detailed explanation and verification of this alleged debt in the times past but to no avail. You also have continuously reported me late to the credit bureaus during the time I have met your new payment terms. This has destroyed my credit and has placed an undue financial hardship on me as well as emotional pain in suffering. I believe that this could have been avoided had you not engaged in predatory servicing practices. I demand you remove immediately until you obtain correct date and such verification has taken place all references to late payments from my mortgage account being report to any credit reporting agency because you failed to obtain and verify accurate data from the previous servicers when you purchased or obtained the servicing rights of this account.

    I continue to worry potential fraudulent and deceptive practices by unscrupulous mortgage brokers; sales and transfers of mortgage brokers; sales and transfers of mortgage servicing rights: deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abuse and fraudulent accounting tricks and practices may have also negatively affected any credit rating, mortgage account and/or debt or payments that I am currently, or may be legally obligated to. Therefore, I request you to insure that I have not been the victim of predatory lending practices as well and demand you to correct your abusive servicing of my mortgage account.

    I hereby demands absolute first hand evidence from you of the original uncertified or certified security regarding account 0003256492. In the event you do not supply me with said security it will be a positive confirmation on your part that you never created nor owned such security.

    I also hereby demand a chain of transfer from you to wherever the security is now to be promptly sent to me as well. Absent the actual evidence of the security, I have no choice but to dispute the validity of your lawful ownership, funding, entitlement right and the current debt you say I currently owe; by debt I am referring to the principle balance you claim I owe; the calculated monthly payment, calculated escrow payment and any fees claimed to be owned by you or any trust or entity you may service or sub-service for.

    To independently validate this debt, I need to conduct a complete exam, Audit, review, and accounting of my mortgage account from its inception through present date.

    Upon receipt of this letter, please refrain from reporting any negative credit information (if any) to any credit reporting agency as required by law until you respond to each of the requests. If you do not comply a suit will be filed immediately against you for damages. Pursuant to 12 U.S.C. §2605(e) you are hereby notified that placing any negative coding on my credit report before responding to this letter is a violation of RESPA and the FCRA. Your organization will be subject to civil liability if negative coding appears for this mortgage account before a response to this QWR is provided to me curing the issues I make or proving that these issues do not exist.

    I am also requesting you to conduct your own investigation and Audit of this account since its inception to validate the debt you currently claim I owe. I would like you to validate the debt, that it is thoroughly accurate.

    Do not rely on previous servicing companies or originators records, assurances or indemnity agreements and refuse to conduct a full Audit and investigation of this account. I understand previous abuses by you and possibly previous servicing companies could have deceptively, wrongfully, unlawfully, and/or illegally increased the amounts of my monthly payments; increased the principal balance I owe; increased the escrow payments; increased the amounts applied and attributed toward interest on this account; decreased the proper amounts applied and attributed towards the principal on this account; and/or assessed, charged and /or collected fees, expenses and miscellaneous charges I am not obligated to pay under this mortgage, note and/or deed of trust.

    To insure this, I have authorized a thorough review, examination, accounting and Audit of my mortgage account #0003256492 by a mortgage Auditing and lending experts. This exam and Audit will review this mortgage account file from the date of initial contact, application and the origination of this mortgage account to the present date.

    Again, this is a Qualified Written Request: under the Real estate settlement procedures act, codified as Title 12 section 2605(e) of the United States Code as well as a request under the Truth In Lending Act 15 U.SC. section 1601, and 1639(a)-(b) RESPA which provides substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within sixty (60) business days of its reForensic Auditceipt.

    In order to conduct the examination and Audit of this loan, I need to have full and immediate disclosure: including copies of all pertinent information regarding this loan. To insure that I have not been the victim of predatory servicing and lending practices, I require the documents and answers to the following questions:

    1. Was the mortgage account #0003256492 originated in lawful compliance with all federal and

    state laws, regulations including, but not limited to Title 62 of the Revised Statutes, RESPA,

    TILA, Fair Debt Collection Practices Act, HOEPA and other laws;

    2. Was the origination and/or any sale or transfer of this mortgage account #0003256492 or

    monetary instrument, conducted in accordance with proper laws and was a lawful sale with

    complete disclosure to all parties with an interest;

    3. That you disclose the claimed holder in due course of the monetary instrument/ deed of trust/asset is holding such note in compliance with statutes, state and federal laws and is entitled to the benefits of payments;

    . That all good faith and reasonable disclosure of transfers, sales, Power of Attorney, monetary instruments ownership, entitlements, full disclosure of actual funding source, terms, costs, commissions, rebates, kickbacks, fees etc., were and still are properly disclosed, including but not limited to the period commencing with the original loan solicitation through and including ny parties, instruments, assignments, letters of transmittal, certificates of asset backed securities and any subsequent transfer thereof;

    5. That each servicer and/or sub-servicer of this mortgage has serviced this mortgage account # 0003256492 in accordance with local, state and federal statues, in terms of this mortgage, monetary instrument/deed of trust, including but not limited to all accounting or bookkeeping entries commencing with the original loan solicitation through and including any parties, instruments, assignments, letters of transmittal, certificates of asset backed securities and any subsequent transfer thereof;

    6. That each servicer and/or sub-servicer of this mortgage has serviced this mortgage in

    compliance with local, state and federal statues, laws and regulations commencing with the original loan solicitation through and including any parties, instruments, assignments, letters of transmittal, certificates of assets backed securities and any subsequent transfer thereof;

    7. That this mortgage account has been credited, debited, adjusted, amortized and charged correctly and disclosed fully commencing with the original loan solicitation through and including any parties, instruments, assignments, letters of transmittal, certificates of asset backed securities and any subsequent transfer thereof;

    8. That interest and principal have been properly calculated and applied to this loan;

    9. That any principal balance has been properly calculated, amortized and accounted for;

    10. That no charges, fees or expenses, I am not obligated to in any agreement, have been

    charged, assessed or collected from this account or any other related account arising out of the subject loan transaction.

    11. Provide the name of the current note holder and their mailing address for process of service, along with a current telephone number

    12. What date the current note holder acquired this mortgage and from whom it was acquired from?

    13. What was the date your company began servicing this mortgage account?

    14. List name and addresses of the previous servicers of this mortgage account from the inception of the loan closing to the present date.

    15. What is the monthly principal and interest payments, and monthly escrow payments received from the date of the loan’s closing to the present date?

    16. Provide a complete payment history, including how those payments were applied, including the amounts applied to principal, interest, escrow and other charges.

    17. What is the total amount due of any unpaid principal, interest, escrow charges and other charges?

    18. What is the total amount of principal paid on mortgage account #0003256492 up to the date of this letter?

    19. Provide the payment dates, purposes of payment and recipient of any and all foreclosures fees and costs that have been charged to this account.

    20. Please provide a copy of all written loss mitigation rules and work-out procedures for this account.

    21. Please provide a copy of the LSAM Transaction History Report for this account, and include a description of all fee codes.

    22. What is the MIN Number If this account is registered with MERS?

    23. What is the amount to pay this loan off in full as of March 3, 2010?

    To validate this debt and Audit this account, I need copies of pertinent documents. I also need answers certified in writing to various servicing questions. For each record kept on computer or in any other electronic file or format, please provide paper copy of all information in each field or record in each computer system, program or database used by you that contains any information on this account or my name.

    As such, please send to the address above, copies of the documents requested below as soon as possible. Please also provide copies, front and back, of the following documents regarding account#0003256492.

    1. Any certified or un-certificated security used for the funding of this account;

    2. Any and all “Pool Agreements” or “Servicing Agreements” between the nominal lender at the

    loan closing and any party or parties who could claim an interest in the loan closing or

    documents pertaining thereto and any government sponsored entity, hereinafter GSE or other party;

    3. Any and all “Deposit Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

    4. Any and all “Servicing Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

    5. Any and all “Custodial Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party:

    6. Any and all “Master Purchasing Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party:

    7. Any and all “Issuer Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

    8. Any and all “Commitment to Guarantee” agreements between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

    9. Any and all “Release of Document” agreements between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

    10. Any and all “Master Agreement for Service’s Principal and Interest Custodial Account” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining to there to and any GSE or other party:

    11. Any and all “Servicer’s Escrow Custodial Account” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or oilier party;

    12. Any and all “Release of Interest” agreements between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

    13. Any “Trustee Agreements” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustees regarding this account or pool accounts with any GSE or other party;

    Please also send copies, front and back of:. Any documentation evidencing any trustee relationship regarding the mortgage/Deed of Trust and any Note in this matter;

    2. Any and all documents establishing any Trustee of record for the mortgage/Deed of Trust and any Note:

    3. Any and all documents establishing the date of any appointment of Trustee mortgage/Deed of Trust and any Note, including any and all assignments or transfers or nominees of any substitute trustees;

    4. Any and all documents establishing any Grantor tor for this mortgage/Deed of Trust and any Note;

    5. Any and all documents establishing any Grantee for this mortgage/Deed of Trust and any Note

    6. Any and all documents establishing any Beneficiary for this mortgage/Deed of Trust and any Note;

    7. Any documentation evidencing the mortgage/Deed of Trust is not a constructive trust or any other form of trust;

    8. All data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to Alltel or Fidelity CPI system, or any other similar mortgage servicing sftware used by you, any services, or sub-servicers of this mortgage account form the inception of this account to the present dat9. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so the examiners, Auditors and experts retained to Audit and review this mortgage account may properly conduct their work.10. All assignments, transfers, or other documents evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment by me to this obligation for this mortgage account from the inception of this account to the present date including any such assignment on MERS.

    11. All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to this mortgage including any such assignments on MERS.

    12. All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date.

    13. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account

    14. All escrow analyses conducted on this account from the inception of this account until the date of this letter.

    15. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on any and all disclosure statements including, but not limited to appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazards insurance premiums, commissions, attorney fees. points, etc.

    16. Front and back copies of’ payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by others for me on this account.

    17. All letters, statements and documents sent to me by your company.

    18. All letters, statements and documents sent to me by agents, attorneys or representatives of your company.

    19. All letters, statements and documents sent to me by previous servicers, sub-servicers or other in your account file or in your control or possession or in the control or possession of any affiliate, parent company, agent, sub-servicers, servicers, attorney or other representative of your company.

    20. All letters, statements and documents contained in this account file or imaged by you, any servicers or sub-servicers of this mortgage from the inception of this account to the present date.

    21. All electronic transfers, assignments and sales of the note/asset, mortgage, deed of trust or other security instrument.

    22. All copies of property inspection reports, appraisals, BPOs and reports done on my property

    23. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date.

    24. All checks used to pay invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this account from the inception of this account to the present date.

    25. All agreements, contracts and understandings with vendors that have been paid, for any charge on this account, from the inception of this account to the present date.

    26. All account servicing records, payments payoffs, payoff calculations, ARM Audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate to the accounting of this account from the inception of this account to the present date.

    27. All account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the inception to the present date. Accordingly, please provide me in writing, the answers to the following questions:

    With respect to Account, Accounting and Servicing Systems

    Please identify for me each account/accounting and servicing system used by you and any sub- servicers or previous servicers from the inception of this account to the present date so that experts can decipher the data provided.

    For each accounting and servicing system identified by you and any sub-servicers or previous services from the inception of this account to the present date, please provide the name and address of the company that designed and sold the system.

    1. For each accounting and servicing system used by you and any sub-services or previous servicer from the inception of this account to the present date, please provide the complete transaction code list for each system so that I and others can adequately Audit this account

    2. In respect to Debits and Credits:

    1. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any other instrument I executed to secure this debt been recorded in the country property records in the county and state in which my property is located from the inception of this account to the present date? Yes or No?

    2. If not, why?

    3. Is your company the servicer of this mortgage account or the holder in due course and beneficial owner of this mortgage, monetary instrument and/or deed of the trust?

    4. Have any sales, transfer or assignment of this mortgage, monetary instruments, deed of trust or any other instrument I executed to secure this debt been recorded in any electronic fashion such as MERS or other internal or external recording system from the inception of this account to the present date? Yes or No?

    5. If yes, please detail for me, the name of the seller, purchaser, assignor, assignee or any holder in due course to any right or obligation of any note, mortgage deed of trust or security instrument I executed securing the obligation on this account that was not recorded in the county records where my property is located whether they may be mortgage servicing right or the beneficial interest in the principal and interest payments.

    In respect to Attorneys fees:

    For purposes of the questions below dealing with attorneys fees, please consider attorney fees and legal fees to be one in the same.

    1. Have attorney fees ever been assessed to this account from the inception of this account to the present date: Yes or No?

    2. If Yes, please detail each separate assessment, charge and collection of attorney fees to this account from the inception of this account to the present date.

    3. Have attorney fees ever been charged to this account from the inception of this account to the present date: Yes or No?

    4. If Yes, please detail each separate charge of attorney fees to this account from the inception of this account to the present date and date of such assessments to this account.

    5. Have attorney fees ever been collected from this account from the inception of this account to the present date: Yes or No?

    6. If Yes, please detail each separate collection of attorney fees to this account from the inception of this account to the present date and date of such assessments to this account.

    7. Please provide me with the name and address of each attorney or law firm that has been paid any fees or expenses related to this account from the inception of this account to the present date.

    8. Please identify for me in writing the provision, paragraph, section or sentence of any note, mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or collection of attorney fees.

    9. Please detail and list for me in writing each separate attorney fee assessed from this account and for which each corresponding payment period or month such fee was assessed from the inception of this account to the present date.

    10. Please detail and list for me in writing each separate attorney fee collected from this account and for which each corresponding payment period or month such fee was collected from the inception of this account to the present date.

    11. Please detail and list for me in writing any adjustments and attorney fees assessed and on what date such adjustment was made and the reason for such adjustment.

    12. Please detail and list for me in writing any adjustment and attorney fees collected and on what date such adjustment was made and the reason for such adjustment.

    13. Has interest been charged on any attorney fees assessed or charged or assessed to this account? Yes or No?

    14. Is interest allowed to be assessed or charged on attorney fees charged or assessed to this account? Yes or No?

    15. What is the total value of attorney fees which have been assessed to this account from the inception to the present date?

    16. What is the total value of attorney fees which have been collected to this account from the inception to the present date?

    17. What is the total value of attorney fee which have been charged to this account from the inception to the present date?

    18. Please send me copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees which have been assessed or collected from this account from the inception to the present date.

    In respect to Suspended/Unapplied Accounts:

    For purpose of this section, please treat the term suspended account and unapplied account as one in the same.

    1. Have there been any suspended or unapplied account transactions on this account from the inception of this account until the present date? Yes or No?

    2. If yes, please explain the reason for each and every suspended transaction that occurred on this account. If no, please skip the questions in this section dealing with suspended and unapplied accounts.

    3. Do you consider the payment of late fees as liquidated damages to you for not receiving payments on time? Yes or No?

    4. Are late fees considered interest? Yes or No?

    5. Please detail for me in writing what expenses and damages you incurred for any payments made which was late.

    6. Were any of these expenses or damages charged or assessed to this account in any other way? Yes or No?

    7. If yes, please describe what expenses or damages were charged or assessed to this account.

    8. Please describe for me in writing what expenses you or others undertook due to any payment I made, which was late.

    9. Please describe for me in writing what damages you or others undertook due to any payment I made, which were late.

    10 lease identify for me in writing the provision, paragraph, section or sentences of any note, mortgage, deed of trust or any agreement I signed that authorize the assessment or collection of late fees.

    11. Please detail and list for me in writing each separate late fee assessed to this account

    and for what corresponding payment period or month such late fee was assessed from the

    inception of this account to the present date.

    12. Please detail and list for me in writing each separate late fee collected from this

    account and for which corresponding payment period or month such late fee was collected

    from the inception of this account to the present date.

    13. Please detail and list for me in writing any adjustments in late fees assessed and on

    what date such adjustment was made and the reason for such adjustment.

    14. Has interest been charged on any late fee assessed or charged to this account? Yes or No?

    15. Is interest allowed to be assessed or charged on late fees to this account? Yes or No?

    16. Have any late charges been assessed to this account? Yes or No?

    17. If yes, how much in total late charges have been assessed to this account from the

    inception of this account to the present date?

    18. Please provide me with the exact months or payments dates you or other previous

    servicers or sub-servicers of this account claim I have been late with the

    payment from the inception of this account to the present date? Yes or No?

    19. Have late charges been collected on this account from the inception of this account to the

    present date? Yes or No?

    20. If yes, how much in total late charges have been collected on this account from the

    inception of this account to the present date?

    With respect to Property Inspections:

    For the purpose of this section property inspection and inspection fee refer to any inspection of the property by any source and any related fee or expense charged, assessed or collected for such inspection.

    1. Have any property inspections been conducted on my property from the

    inception of this account to the present date? Yes or No?

    2. If your answer is no, you may skip the rest of the questions in this section concerning

    property inspections.

    3. If yes, please tell me the date of each property inspection conducted on my property

    that is the secured interest for this mortgage, deed of trust or note.

    4. Please tell me the price charged for each property inspection.

    5. Please tell me the date of each property inspection

    6. Please tell me the name and address of each company and person who conducted

    each property inspection on me property.

    7. Please tell me why property inspections where conducted on my property.

    8. Please tell me how property inspections are beneficial of my property.

    9. Please tell me how property inspections are protective of my property.

    10. Please explain to me your policy on property inspections.

    11. Do you considered payment of inspection fees as a cost of collection? Yes or No?

    12. If yes, why?

    13. Do you use property inspections to collect debts? Yes or No?

    14. Have you used any portion of the property inspections process on my property to collect a debt or inform me of a debt, payment or obligation I owes?

    Yes or No?

    15. If yes, please answer when and why?

    16. Please identify for me in writing the provision, paragraph, section or sentence of

    any note, mortgage, deed of trust or any agreement I signed that authorized the

    assessment, or collection of property inspection fees.

    17. Have you labeled in any record or document sent to me a property inspection as a

    miscellaneous advance? Yes or No?

    1. If yes, Why?

    19. Have you labeled in any record or document sent to me a property inspection as a

    legal fee or attorney fee? Yes or No?

    20. If yes, why?

    21. Please detail and list for me in writing each separate inspection fee assessed to this

    account and for which corresponding payment period or month such fee was assessed

    from the inception of this account to the present date.

    22. Please detail and list for me in writing each separate inspection fee collected from this

    account and for which corresponding payment period or month such fee was collected

    from the inception of this account to the present date.

    23. Please detail and list for me in writing any adjustments in inspection fees assessed and on

    what date such adjustment was made and the reasons for such adjustment?

    24. Please detail and list for me in writing any adjustments in inspection fees collected and

    on what date such adjustment was made and the reasons for such adjustment?

    25. Has interest been charged on any inspection fees assessed or charged to this

    Account ” Yes or No”?

    26. If yes, when and how much was charged?

    27. Is interest allowed to be charged or assessed to this account? Yes or No?

    28. How much total in inspection fees in total have been assessed to this account from

    the inception of this account to the present date?

    29. How much total in inspection fees in total have been collected on this account

    from the inception of this account to the present date’?

    30. Please forward to me copies of all property inspections made on my property in this

    mortgage account file.

    31. Has any fee charged or assessed for property inspections been placed into an

    escrow account? Yes or No?

    With respect to Broker Price Opinion (BPO) Fees:

    1. Have any BPOs been conducted on my property? Yes or No?

    1. If your answer is no, you may skip the rest of the questions in this section

    concerning BPOs.

    3. If yes, please tell me the date of each BPO conducted on my property that is the secured

    interest for this mortgage, deed of trust or note.

    4. Please tell me the price of each BPO.

    5. Please tell me who conducted the BPO.

    6. Please tell me why BPOs were conducted on my property.

    7. Please tell me how BPOs are beneficial to me.

    8. Please tell me how BPOs are protective of my property.

    9. Please explain your policy on BPOs.

    10. Have any BPO fees been assessed to this account? Yes or No?

    1. If the answer is yes, how much in total BPO fees have been charged to this account?

    12. Please identify for me in writing the provisions, paragraph, section or sentence of any

    note, mortgage, deed of trust or any agreement I signed that authorized the assessment,

    charge, collection of a BPO fee from me.

    13. Please send to me copies of all BPO reports that have been done on my property.

    14. Have any fees charged or assessed for a BPO been placed into an escrow account? Yes or

    No?

    In respect to force-placed insurance:

    1. Have you placed or ordered any force-placed insurance policies on my property?

    2. If the answer is yes, please tell me the date of each policy ordered or placed on my

    property that is the secured interest for this mortgage, deed of trust or note.

    3. Please tell me the price of each policy.

    4. Please tell me the agent of each policy.

    5. Please tell me why each policy was placed on his property.

    6. Please tell me how the policies are beneficial to me.

    7. Please tell me how the policies are protective of my property.

    8. Please explain to me your policy on forced-placed insurance.

    9. Have any force-placed insurance fees been assessed to this account? Yes or No?

    10. If the answer is yes, how much in total forced-placed insurance fees have been

    assessed to this account?

    11. Have any forced-placed insurance fees have been charged to this account? Yes

    or No?

    12. If yes, how much in total forced- placed insurance fees have been charged to

    this account?

    13. Please identify for me in writing the provision, paragraph, section or sentence of any note,

    mortgage, deed of trust or any agreement I signed that authorized the assessment, charge or

    collection of forced- placed insurance fees from me.

    14. Do you have relationship with the agent or agency that placed any policies on my

    property?

    15. If the answer is yes, please describe this relationship in detail.

    16. Do you have any relationship with carrier that issued any policies on my roperty? f the answer is yes, please describe the relationship in detail.

    18. Has the agency or carrier you used to place a forced-placed insurance on my property provided you any service, computer system, discount on policies, commissions, rebates or any form of consideratio

    19. If the answer is yes, please describe in detail.

    20. Do you maintain a blanket insurance policy to protect your properties when customers policies have expired? Yes or No?

    21. Please send to me copies of all forced-placed insurance policies that have

    been ordered on my property from the inception of this account to the present date.

    In respect to Servicing:

    For each of the following questions listed below, please provide me with a detailed explanation in writing that answers each question. In addition, I need the following answers to questions concerning the servicing of this account from its inception to the present date.

    1. Did the originator or previous servicers of this account have any financing

    agreement or contracts with your company or an affiliate of your company?

    2. Did the originator or previous servicers of this account have any financing

    agreements or contracts with your company or an affiliate of your company?

    3. Did the originator or previous servicers of this account receive any compensation,

    fee, commission, payment, rebate or other financial consideration from your

    company or affiliate of your company for handing, processing, originating or

    administrating this loan?

    4. If the answer is Yes, please describe and itemize each and every form of

    compensation, fee, commission, payment, rebate or other financial consideration

    paid to the originator of this account by your company or an affiliate.

    5. Please identify for me where the originals of this entire account file are

    currently located and how they are being stored, kept and protected.

    6. Where is the original monetary instrument or mortgage I signed located?

    Please describe its physical location and anyone holding this note as a custodian

    or trustee if applicable.

    7. Where is the original deed of trust or mortgage and note I signed

    located? Please describe its physical location and anyone holding this note as

    custodian or trustee if applicable.

    8. Since the inception of this account, has there been any assignment of my

    monetary instrument/ asset to any other party? If the answer is yes, identify the

    names and addresses of each and every individual, party, bank, trust, or entity that

    has received such assignments.

    9. Since the inception of this account, has there been any assignment of the deed of

    trust or mortgage and note to any other party? If the answer is yes, identify the

    names and addresses of each and every individual, party, bank. trust, or entity that

    has received such assignments.

    10. Since the inception of this account, has there been any sale or assignment of

    servicing rights to this mortgage account to any other party?

    11. If the answer is yes, identify the names and addresses of each and every

    individual, party, bank, trust, or entity that has received such assignments or sale.

    12. Since the inception of this account, have any sub-servicers serviced any portion of

    this mortgage account?

    13. If the answer is yes, identify the names and addresses of each and every individual,

    party, bank, trust, or entity that has sub-servicers serviced this mortgage account.

    14. Has this mortgage account been made a part of any mortgage pool since the inception of this loan?

    15. If the answer is yes. identify the names and addresses of each and every account mortgage pool that this mortgage has been a part of from the inception of this account to the present date.

    16. Have each and every assignment of my asset/ monetary instrument been ecorded in the county land records where the property associated with this ortgage account is located?

    17. Has there been any electronic assignment of this mortgage with mortgage lectronic Registration System (MERS) or any other computer mortgage registry ervice or computer program?

    18. If the answer is yes, identity the names and addresses of each and every individual, etity, party, bank, trust or organization or servicer that have been assigned to mortgage servicing rights to this account as well as the beneficial interest to the payments of principal and interest on this loan.

    19. Have any investors participated in any mortgage-backed security, collateral mortgage obligation or other mortgage security instrument that this mortgage account has ever been a part of from the inception of this account to the present date?

    20. If the answer is yes, identify the name and address of each and every individual, entity, organization, and/or trust.

    21. Please identify for me the parties and their address to all sales contracts, servicing agreements, assignments, transfers, indemnification agreements, recourse agreements and any agreement related to this account from the inception of this account to present date.

    22. Please provide me with copies of all sales contracts, servicing agreements,assignments agreements, recourse agreements and any agreement related to this account from the inception of this account to the present date.. How much was paid for this individual mortgage account by you?

    24. If part of a mortgage pool, what was the principal balance used by you to determine payment for this mortgage loan?

    25. If part of a mortgage pool, what was the percentage paid by you of the principal balance above that was used to determine purchase of this individual mortgage loan.

    26. Who did you issue a check or payment to for this mortgage loan?  Please provide a copy of this check referencing my loan  as proof that you own this loan

    27. Please provide me with copies of the front and black of the canceled check.

    28. Did any investor approve of the foreclosure of my  property at any time since the inception of this account to the present date? Yes or No?

    29. Has HUD assigned or transferred foreclosure rights to you as required by 12 USC 3754?

    30 Please identify all persons who approved the foreclosure of my property.

    Please provide me with the documents requested. Furthermore, I have requested detailed answers to each of the questions within the lawful time frame. Upon receipt of the documents and answers, an exam and Audit will be conducted that may lead to a further document request and answers to questions under an additional RESPA Qualified Written Request letter.

    Please provide confirmation that you have received this QWR within twenty (20) business days, as required under 12 U.S.C. §2605(e). Thereafter, please respond to these questions and document request within sixty (60) business days of receipt of this letter, as also required by 12 U.S.C. §2605(e).

    Copies of this Qualified Written Request, Validation of debt, TILA and request for accounting and legal records, Dispute of Debt letter are being sent to FTC, HUD, and all relevant state and federal regulators and other consumer advocates including my congressman.

    It is my hope that you answer this RESPA request in accordance with the law and the questions, document, and Validation of debt in total and correct abuses or schemes uncovered and documented. I look forward to hearing from you on this matter soon.

    Very truly yours,

    xxxxx   xxxxxxxxx

    Cc: David xxxxxxxxx, Esq.

    Cc: Erica L. xxxxxxxxx, Esq.

    Forensic Loan Audit-Forensic Loan Auditors

    Forensic Loan Audit  Forensic Mortgage Audit

    What is a forensic loan audit and do you need one?  Well lets talk about that.     In my opinion the following are a list of criteria from which you can safely know that you need a forensic loan audit and possibly a  consultation with an attorney if you fit any 1 (one) or more of the following categories.  You will dramatically benefit, indulge me.   I work in an office with a RESPA/TILA violation litigation Attorney on the bar in Virginia who sues mortgage lenders for TILA and RESPA violations to stop foreclosure, rescind mortgages and to obtain dramatic mortgage modifications for her clients .

    REASONS TO OBTAIN A FORENSIC MORTGAGE AUDIT:

    -You are in a non-fixed rate loan (arm, option-arm, interest only, pick-a-pay)

    -Your fixed loan is more than 7%

    -You are up side down on your homes equity

    -You are behind by at least 30 days on your note

    -Your  loan that was originated in 2005, 2006, 2007 or 2008

    -You are depleting your savings to pay a loan that your income cannot afford.

    -You have received a foreclosure notice

    -You have short sold or are short selling a home and  in fear of a deficiency judgment.

    -You have filed bankruptcy and have not been foreclosed upon yet and would like to avoid foreclosure through short sale or mod.

    -You are in an unaffordable forbearance agreement or temporary mortgage modification and do not know what the bank is going to do next.

    -Your negotiations with your lender for a mortgage modification are stalled and you are dealing with idiots at your bank who have no idea what they are doing, cannot negotiate on behalf of the bank and appear to be just running interference with you or making empty promises to you  as you wait for what feels like an impending foreclosure.

    A forensic loan audit or forensic mortgage audit is a complete compliance analysis of your loan origination package and the subsequent servicing of your loan by your loan servicing agent.

    In it we look through every line item on your HUD-1 to find illegal overcharges like undisclosed YSP’s or Yield Spread Premiums, egregious bloated underwriting fees, unearned fees, fees paid to companies affiliated with your broker or lender that were not disclosed as affiliates.    We look at your final TILA disclosure and calculate whether the finance charge passes the TILA finance charge test.    Your disclosed finance charge over the life of your loan contract must be within $35.00 of the real cost of money over the life of the loan.   Many many many ARM’s miss this calculation.    If the calculation is more than $35.00 understated, your loan is rescissionable by statute.  We talk about rescission in another article on this site.   We look to see if you received your GFE- good faith estimate disclosure within 3 days of your written 1003 loan application.   We look for signature matching and look to find where you didn’t receive disclosures in accordance with Regulation Z which implements TILA the Truth in Lending Act.    We look to make sure your bank has proof that you applied for the loan prior to settlement.   These are some of the things we look at but this is by no means an exhaustive analysis of our forensic loan audit.    Now, having said that what is the nugget of gold we are looking for?   The best result for you is a violation that results in a right to rescind.   The easiest to prove is an understatement of the finance charge on your final TIL disclosure or Truth in Lending disclosure.  But we are also looking for illegal kickbacks violating provisions of RESPA- Real Estate Settlement procedures Act.   We love to find illegal kickbacks and unearned fees which you may be entitled to have rebated.    The holy grail of forensic loan auditing is the understatement of finance charge.    We had three this week that were understated by more than $200,000.    These are serious violations of Regulation Z and will probably result in RESPA litigation to the benefit of our homeowners.    If you are suspect that you were the victim of predatory lending practices you should call us.   Especially if you live in Virginia.   I work in an office with a RESPA/TILA litigator and we will review your documents for free to determine if violations exist.   If they do we will show you a bunch of options that you may not have known about.      Call us today, time is not on your side, foreclosure can be prevented, but rarely is it reversed.   540-341-1481   Or better yet  fill out this form to give us a little more information on you.   We dont spam and your information is completely private here.  We are located in Virginia but can help you no matter what state you are in.       This article is not to be construed as legal advice.

    info@LegalForensicAuditors.com 540-341-1481

    Fill out the form below the video.      Heres a little levity from George Carlin.