A couple gentlemen came into the office today and the subject came up about home equity loans. The conversation started with the notorious recent freezes implemented on home equity lines of credit and then quickly went down the road of loan modifications and they were wondering if lenders are modifying these HELOC’s.

What they didn’t realize and many consumers do not know is that this act of freezing a mortgage contract unilaterally may be in violation of the law or their mortgage contract and there may be a possible legal claim. So, this in itself may force a modification as a mediation tool with ones servicer or possibly litigation, if that is the desired route. Read the rest of this entry »

Loan Safe & Moe Bedard in the New York Times By Gretchen Morgenson

DAN A. BAILEY JR. was desperate when he sat down on May 19 to send an e-mail message to his mortgage lender, the Countrywide Financial Corporation, pleading, yet again, for help.

Behind on his payments and fearful of losing his home of 16 years — a 900-square-foot bungalow in Wilmington, N.C. — Mr. Bailey had spent the previous six months unsuccessfully lobbying Countrywide, at the time the nation’s largest home lender and loan servicer. Read the rest of this entry »

There are a lot of myths surrounding lenders and servicers as to what they will and will not do during the loan modification process. 

The confusion and inaccurate data that is propagating the internet and the news is based on ill-informed bloggers or journalists who really have no idea what is going on in the loss mitigation arena. This to me is akin to someone who studies baseball and claims to be an expert, but has never caught a ball or swung a bat in their lives. How can anyone take them seriously? How can these same people be relied on by the media as “experts” when they have never even played the game? Read the rest of this entry »

Get your gloves on and start training for the fight of your life because foreclosure defense is going to be no easy battle. Make no bones about it, you are definitely fighting against one of the toughest and most powerful opponents in the world.

The banks! Read the rest of this entry »

I have been advising homeowners to do this for the past year online and I even started a company (Loan Safe Solutions) to assist attorneys and homeowners in reviewing their loan documents for legal violations.

Now, it appears that the Illinois attorney general feels that it is a great idea to have your current mortgage examined for federal, state and mortgage fraud violations. Otherwise known as “predatory lending.” Read the rest of this entry »

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 start a business that benefits homeowners everywhere and provides a valuable weapon to help combat predatory lending and stop foreclosure.

The new business, Loan Safe Solutions, has found the ”secret key” to obtaining a loan modification. This secret key is called a “forensic loan document review” or ”mortgage audit.”

This service is a very specialized and imperative in identifying if a borrower is a victim of predatory lending. Our team of specially trained experts review all loan documents and perform a thorough investigation for miscalculations and to determine if the loan terms are accurate, truthful, and met the requirements of the applicable federal statutes.

The #1 goal of the mortgage audit is to determine whether there were violations of federal law.

If these violations are found, then the borrower may be eligible for complete relief of the predatory loan or a very favorable loan modification.Complete relief of the preadtory mortgage is called as a loan rescission. Meaning the lender takes back the “predatory loan” and awards or credits back to the borrower all interest made on payments thus far, loan origination fees, all applicable lenders fees, penalties and attorney’s fees.

However, in most cases the borrower may be uneligible to rescind their loan because they are just too far underwater to obtain a mortgage and their credit rating may have been adversely affected by the loan that has cause them pain and suffering.

The most common option is just to mediate the loan with your lender and fight for an affordable loan modification based on the legal violations on the loan. Everyone wins here.The homeowner has their loan fixed and may have their principle balance may be reduced also. The lender does not lose their shirt because they have mediated the matter without employing their full legal staff on the file and wasting operating expenses. What do we do on a forensic loan document review for attorneys or borrowers? Let me tell you.