If your home loan was made within the past 4-5 years, there is a better than 85% chance that it violates one or more of the laws relating to RESPA, TILA or Section 32 . . .
Not only the small banks, but the giants such as Wells Fargo, Litton, AHMSI, PMC, GMAC and many others are very relaxed in their interpretation of their compliance with existing laws. This is why a forensic loan audit may save your home.
As a consumer, it is not reasonable that you are expected to know or be aware of all laws that refer to lending . . . at your closing, your mortgage and title company show you where to sign. In addition to take your loan out with a well-regarded bank, you relied on this combination of expertise and professional ethics to follow the law.
When an experienced lawyer is performing a forensic loan audit, they review all the documents that you signed at the time your loan was taken out. They check whether or not you signed the right documents, perform a math audit, review the terms of loans, test to see if there is anything misleading about what was presented, etc. You are then given a report of their findings.
In addition to auditing the loan documents, it is necessary to evaluate the papers from the standpoint of issues raised by securitization of loans. Additionally, the chain of title and the appraisal are necessary elements to consider in a comprehensive “forensic” review.
While to goal is to obtain a loan modification to enable you to say in your home, mortgages have been wiped out completely for infractions and violations of lending laws. Worse, as soon as you begin having trouble with your loan, one of the largest U.S. banking lenders sells your loan to a bank headquartered overseas. That particularly lender does not want to cooperate. If you’re in a situation where you are trying to make a change to your loan, a forensic audit could be your best friend. You may read that forensic audits are not successful. That isn’t quite true; the reason for the low success rate is that many people do not follow through with them. Saving your home entails a great deal of paperwork and months, if not years, of your time. It is exhausting and debilitating.
The objective is to get the case in position where it can be settled without litigation. This is not always possible, but it is the ideal situation.
The failure of mitigators, auditors, HUD counselors and lawyers to see these transactions within the context of table-funded loans, assignments, pooling and securitization is a serious flaw in the advice and strategies employed.
You can play a part in this movement in which homeowners assert their rightful claims to be restored to the position they were in before the mortgage and appraisal and securities fraud occurred.
You’ll find that the prices will vary from different companies legal as their payment for a forensic audit. I know attorneys who specialize in forensic auditing and they cost about $ 900 for the service. In our company we do forensic audit at no extra charge for our clients loan changes when the bank is tough – from the experience of it is VERY effective in getting a favorable outcome for the change of the loan.
There are free forensic audits available from various groups working to save your home from foreclosure. Marin Family Action is one that provides that service.
