Homeowners Warning: Beware of new scams using this as a tool to fight lenders by scammers and out of work mortgage brokers everywhere!!! This post is from early 2008 and the times have changed folks. Yes, it can work and help, but when used with a lawyer who can properly represent you.
I have studied and written about the subject of loan modifications probably more than anyone in the world. My studies and writing have opened my eyes to how the loss mitigation process works and what a homeowner needs to do to get a loan modification with their lender or servicer.
What started out has just a blog to help inform and educate consumers, has now given me the insight to see what it is that the homeowner really needs help with in dealing with their toxic and predatory loan. This up close and personal look at what they are facing, has given me the tools and education to help combat predatory lending and stop foreclosure.
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.
- 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
{ 39 comments… read them below or add one }
Good Evening just wondering what are the full documentation to start off a process and are did documents avalible from lender if need.
Greg,
Some lenders will provide copies, others won’t. Wells Fargo will not if they know that you are trying to do a loan modification with them. They will only provide them AFTER the loan mod. That is because in many mod agreements, there are clauses that limit the ability of the borrower to go after lenders for violations prior to the mod.
Hi im Aliece . Ive been trying for years to get the Loan Documents from the lender but like most only get copies of them ive been trying sence 2004 and always get the run around, Come to find out there are no loan Documents we never even got any because there was no Closeing for us they never called us they had one though and the Notary Claims she was in out home but that would be in possable because she has us signing papers in 3 diffrent County’s and my husband was working that day they had the closing and to get the real one’s you can not because because they had shreaded them the copies we have are all diffrent and they are trying to Claim our back proptery and it was not on this loan we are in court now to save our home been doing this for a year now and i would like to know how a 30 year fixed went to a 3 year arm in less than 2 days i need some help im about at the end of my rope , and even though this is not our fault we about to just give up everything this is our life we have been in our home sence 1974 something is so wrong here if you can help it would be great but you would have to hear the whole thing from where it started and then you tell me if you can help i dont want to lose everything we have my Husband has had 2 Heart Attacks from the stress of all of this and he is really depresied next thing i will lose is him if this keeps up so any kind of help would be great
Aliece
I am currently in foreclosure-in fact I have been for 6-7 months. I originally agreed to a forebearance listing agreement as I believed then the only course of action was to sell.I saw my
home de-value by maybe 80K to 100K since Oct.2006.It was then I refinanced my mortgage,paid off other debts and took 11K cash equity out.All told including the debts I paid I actually took 37K-38K from property.My loan was a 2yr adjustable starting in the 7%-8% range.Now it has gone to the low-mid 10% range.I was only able to make a couple payments on the foreberance agreement
and then I defaulted.My servicer(HomeQ)said because I defaulted, they cannot reinstate such program again for me.They also have no
loan modification programs for their borrowers per,I presume, the
noteholder(DeutscheBank)instructions. Also,in their attorneys’ filing of the lawsuit to begin the foreclosure, they acknowledged
that they lost the note,however,I am not going to stand up and deny I took out this loan-I did.So now the real issue is why are
DeutscheBank and /or HomeQ so adverse to alleviateing not only their situation a little bit but mine too.In the latest talks I have had with them( 2 weeks ago),they said they are only too willing to put me on an active re-payment plan but, of couse, I need to come up with at least 10K or close to this and then start
making payments again that will be about $700 more than what my regular payments are now. And I can’t afford to do this …its simply ludicrous!I live in Florida and I know my area is very bad
but probably not the worst in terms of foreclosed properties.Our
court system also can not handle the caseload of these foreclosures.This, plus the horrible market is why I am certain there has been no sale date as yet, thank God.I would be interested in hearing from you and if you know any particulars re
either HomeQ servcing or DeutscheBank, good or bad. Thank you.
I have been in foreclosure for 8 or 9 months now. My house has already been in the sheriffs auction, but noone bid on it, Thank God. I hired someone to stop the foreclosure, but the company didn’t do what they said they would, so I’m back to square one. I’ve tried getting a loan, but since I filed bankruptcy, that didn’t work either. My house is appraised at 90000 and I owe 28000, not because of a mortgage, but because I used it as collateral on my Master Card and fell behind on those payments. Now I’m stumped and need any kind of help anyone can give me so I can save my home. I have to call the bank on 5/29/08 to let them know what I can do. PLEASE HELP!!!
I think the bank wants about 10 gran to solve this matter because of lawyer fees and back payments. If I had that kind of money I wouldn’t be in this god awful mess, now would I? Please reply asap so I know where to turn….. Thank you very much
J Christopher Lawson, what state do you live in? I may be able to help or direct you to someone who can. Kevin
Working with loss mitigation, especially the short sale or DIL sections (from their paperwork they appear to be the same entity at least with my servicer) is like being in a black hole or being stuck in a paperwork vacuum. I have sent my package in 6 different times to four different fax numbers and they still claim not to have it. I have also scanned the package and emailed it to two different people as well.
If they can’t even receive and process the information how can they ascertain, or present to the investor, an acceptable offer?
I need help I want to save my home,I’AM IN PRE FORCLOSURE.
Contact your lawyer for a copy of your contract. I have just recently completed a modification from 2200 to 1100without a change in points. I am working on that feel freeto send me a e-mail at DONT EVER SEND AN EMAIL TO SOMEONE LIKE THIS@yahoo.com (EDITED BY MOE BEDARD) for additional information. Might be helpful!
How can I get the original loan document when my loan have been sold numerous times..and how can I fight the lenders without the proper infomation. I really don’t have to money to spend on agencies to help me, but I’m willing to do it myself with the proper info. CAN YOU HELP ME PLEASE.
Look for HUD approved housing counseling agencies. Usually those are nonprofit and can help you out for free.
yes sir I would like an atorney to look in to my loan I have been trying to get some action on my predatory loan i have been on the computer to find a firm to fight the lending law and get me out of this loan no one belives me the way I was given this loan they say under writeers would not taken that chance to give a person a loan the way I got mine.Believe me they broke every lending law in the book and I can prove it Just for starters They gave the loan to my wife only Quick deeded me out ,.HOW IN HELL CAN THEY GIVE A PERSON A LOAN OF 247,000.00 That makes 600.00 a month And if I give you more info you will be sitting on a pot of gold. Please reply will be waiting for your reply
I agree, your loan modification forms are a good way of painting a financial picture of your current situation. Your lender finds them useful because the information in them are hard numbers that are facts. It makes it easier for them to make a decision about your loan modification..
ISO certified forensic audit help vs. WAMU. About to reset higher 2mos. 2+ major violations suspected likely many.
Only most agressive who have received favorable results vs Wamu. in virginia. How long will it take & potential cost/savings.
I am a former loan officer w/ 15 years’ experience. I live in Taos, New Mexico and would like to audit loan modifications. Any idea how to get started w/ a company who originates these forensic audits and sends the paperwork to me for a fixed fee to be audited?
Thanks
There is one thing that needs to be corrected throughout all the writings in your blog. It is PRINCIPAL, not PRINCIPLE that is the correct spelling, as in reducing the principal. You have been consistent with this mistake. And for someone who claims to be an expert in this field, I hate to say it – it is embarassing !
Hello Karol,
If you are going to participate in the loan modification or mortgage auditing business , then the first place to start is to make sure you have the appropriate license. Come January 1, 2010 all mortgage broker will be classified as National Loan Originators. Whether you work for a lender or are an independent mortgage broker you will need to be licensed. W2 employees of a financial institution are exempt from this requirement for another term before having to be licensed, independent contractors must be licensed by the new year to comply with federal regulation.
This will help differentiate you, market your understanding of the industry and open new opportunities.
Feel free to email me if you would like to engage in further conversation. Thank you for your consideration and best of luck!
Mr. Sharaf
Ihave applied to suntrust for a modification of my loan. i am now 8mths behind and have received the foreclosure notice for which i have filed a response with the court and awaiting a response.
suntrust has now just uploaded my financial and are under review for a decision. i am a retail store owner and have some income coming in also have saved about 40% of my deliq balance.
what are my chances that i will get a good modification. this has drag my credit down about 100pts. i have waited a long time and now is praying and hoping i will be able to keep my home
what should i do?
In similar boat to See WAMU GREED post above. I am in the same boat and reset this month. Good Credit if you reply soon. Only want aggressive willing to go for rescission. Need forensic audit by lawyer in VA or metro area.
Need to know how much income needed shown on W2 to qualify. TILA and RESPA violations are likely. Have loan documents from last refi/ cash out. Call 571-332-2558 ask for Clint.
We are in the position now of losing our home. I am currently listed on the mortgage, and have taken over the mortgage after my mom’s passing in 2004. Originally it the loan was for 165,000 and the remaining balance is 118,000 but with the temporary paycut my husband has taken, medical costs and a I’ve been out of work since the birth of our daugther. We have no family to help with watching our daughter so I’ve been searching for employment that will cover the cost of full time childcare and the cut in pay we were face with, but have had no luck for 3 months now. I’ve tried on several occasions to talk with the mortgage co, which was Countrywide and is now BOA, but we fall short of the modification on our Freddie Mac loan by under 200 dollars and the refinancing would only knock 100 off, plus we would be faced with the costs and fees of the refinance. We do not wish to lose our home and we know if we could find some help, temporary help that is, we could make it work until our work situation improves. I have always had good credit and with the medical issues we are facing we need to keep that in good standing. Between the mortgage, association dues and what bills we have remaining after making major cutbacks along the way it there is no other way for us to save the home.
I had to go through probate to obtain the home, but had kept paying on the mortgage from her date of death on. We had every intention of staying here until we could save for a single detached family home. The bank never did anything or reviewed the loan after I took over the mortgage and I’m not sure what we an do now or even if we can afford a forensic home loan audit. What are our options and how much does one usually face when doing and audit, because I know I do not have the right stuff for doing it myself at this point in time. Any help would be greatly appreciated and very needed.
Do you have a referral for a Loan Audit professional?
Need ASAP! Thanks!
do you have an inexpensive loan audit pro?
Chris,
I don’t have a “Loan Audit Pro” – I’m SO tapped out in my head handling this mentally and emotionally (and my husband’s mental/emotionally illness) that I need a professional to handle this for me.
I’m desperate and NEED A CREDIBLE referral. Thanks!
It’s a lengthy, mind-boggling procedure but try to get through the NACA.com. Free services. They can forestall foreclosure while you are waiting for the bank to make a decision. Because my unethical, incompetent lender stopped applying payments to my loan, I have held the money in a suspense account. Unless they deal fairly, they will never see any of that money. Ask them to provide the note — original copies, BOTH sides. This is key. Loans are sold so often, generally the lender cannot prove who owns the home.
I wasent behind on my payments just unable to catch up. I was paying 28 days late every month and getting a late pmt, but not not effecting my score with a 30 day late. My lender said I qualified baised off my DTI and sent me out the paperwork to mod my loan. I have been paying about 1/3 less a month on my morgage the tempory # they gave me, but if my Mod gets rejected I will owe the back money which is now over 15k. The lender said it would only take 3 months to have an answer and its now been 7. Do I have any recourse or can I just continue to pay the same amount even if they reject my Mod request?
We have been in a modification with WaMu since Ike hit. We called and they let us put 2 months at the end of our laon. Well that is what they said, it was not the case. ! year later, The modification that they came up with was to take a loan out and make our payments higher. They also asked us not to pay anything while we were in modification due to the fact it would mess up the escrow account. We have had a loss of income due to hurricane ike and it’s rath to our city. We don’t know what to do now, we call everyday and have documented all calls. We are now 3 mths past due and (we kept sending payments in , and they kept taking them) don’ know where our money is or why we now have to take a loan out for 14 years at 5 % interest. Are there any mortgage attorneys out their to help us? Thanks, Matt and Gina D.
My husband lost his job after being injured in a wreck and I lost mine 9 months later due to job cutbacks so we were unable
to make full mortgage payments in 2007-2008. I found a job shortly after I lost my job but it barely paid the utilities while my husband received workman’s comp. I filed bankruptcy but my payments are so high that we are paying everything we get to make the payments. We are probably going to be dismissed because we are not able to make the full payments. My husband started working again this month but I am still unemployed and we have tried twice to get a loan modification but have been denied twice because lenders will not agree to a loan modification. Now that we are able to pay no one wants to help us. What can we do to save our home? Thanks, Cle and Gre
Hello,
I am 6 months behind on my mortgage payment with Bank of America formerly known as Countrywide. Back in April 2009 I signed documents accepting a loan modification. I made my payments on time, however the bank has not apply any of the payments to the mortgage debt. 5 months passed by and it turns out I did not qualify for the modification.
I am interested in knowing if the broker/lender violated any articles under TILA. How does a person with a $22k income qualify for a $180k mortgage? Bank of America is not respecting the agreement signed into law back on Dec 2008; AZ attorney general sued countrywide and won, under this settlement Countrywide/B of A agreed to modify loans and to possibly reduce the principal. I am so frustrated with this lack of empathy from the bank to say the least! I think I need to file a complaint with the AZ attorney general. I don’t know if this is going to help, but I have nothing else in mind! Please advise!!!! Thanks!
I just want to know how long a bank has to produce the original loan documentation when a lawyer asks for it or sends out a Demand letter for it. ? ? ? I thought I “heard” by Federal Law, a bank has 20 business days to produce the ORIGINAL paperwork, once notified that they are being asked. I know for certain they have their ways of stalling but, really, what does the law say? And is it true that if they can not produce the original note, then they don’t “own” my house, I do? Anyone? Thanks
My husband and I would like to get our loan modified to have a lower interest rate and payment. We have found a company in Anaheim, CA that will do a forensic audit there name is Christian and Associates. Has anyone dealt with them? Have you heard anything good or bad ? They check out with the BBB but have been in business less then a year. They are charging $3,500. with a money back grantee if they can not help us or what they negotiate is not acceptable to us. Coments please.
This looks like a $3,500 a pop rip off. I would not deal with a non-attorney firm. Try http://www.NACA.com
I got a very professionally done audit for 850 (it would only have been 100 if no errors would have been found) 3500 is a ripoff
I have forensic audit report done through NACA.
There’re several exceptions/violations found. Among there were RESPA, TILA and UDAP. The result is NACA doesn’t do anything about it with the lender. They only provide free auditing, which is very nice, however, it does not help homeowner like me. We got rejected from the bank through NACA and they are still have our case pending with the lender. Do you know any way we can have some one fight for us to get the loan modificated? The only hope I have now is go through Loan Auditing Report to get lender’s attention.
Thanksl.
Looking for a forensic auditor who is ligitimate, truthful and doesn’t cost alot to look at my mortgage. I need to lower my payments as my husbands income was severely cut within the last 3 months. I keep hearing about different scam companies that want your money upfront and you should go with anyone who wants your money upfront.
Any referrals?
We are looking in to hiring a forensic auditor and would like to know the approximate cost we will be looking at. We already pay a lawyer monthly.
Can you please give me a rough estimate(range) we should expect to pay?
Thank you.
If you need help with your mortgage situation, whether you are behind on payments, in foreclosure, or even current but struggling, feel free to contact me for a FREE forensic audit of your loan. Our company has every step of the process, including a no interest loan available to assist with attorneys fees if the audit proves you may have a case against your lender.
Peter Hagen, I would like info on your email address, website, company that offers FREE forensic auditing. I hope you contact soon. I could use the services that you are offering and would like to see what your company offers. Thank you. D. Recupido
For Peter Hagen email address donrecupido@verizon.net for Donald Recupido