Forensic Analysis
What is a forensic mortgage audit?
A Forensic Mortgage Audit is the comprehensive review of all loan documentation including legal documents, transactional data, and other evidence pertaining to your real estate loan that has been funded. A forensic mortgage audit identifies any illegalities performed by the lender, their broker, or other parties in conjunction with the mortgage. During the audit process, skilled professionals review all documents received from your lender from the date you applied to the date you funded your loan including any envelopes, faxes and emails to ensure that your loan meets all legal requirements that were in effect at the time the loan was funded.
Why is a forensic mortgage audit important?
Loans must be legal to remain enforceable by the lender. Loan Violations are serious offenses of Federal Consumer Protection Law and lenders may face stiff fines and legal consequences for breaking these laws.
Mortgage bankers, banks and servicers are run by business people. They understand the financial ramifications of their mistakes and usually want to avoid expensive litigation or risk being charged with large fines. When their money is on the line, these firms can often be persuaded to more easily reach agreement with their borrowers.
If a loan was funded unlawfully, the borrower may be entitled to compensation, a refund of all interest and principal payments made for the last three years, all non-recurring closing costs, legal fees, or a renegotiation or modification of the terms of the loan. From 2000-2007, tens of thousands of loans were funded unlawfully. Your loan may be unlawful, and you may be entitled to substantial damages whether or not you're currently in foreclosure.
A forensic mortgage audit determines violations of the laws governing lenders. An audit report provides a powerful tool for negotiating with your lender. Whether you need your loan modified or you need to sell your home as a “short sale” or even if you need to have your loan rescinded, your lender will be motivated to work with you when you have evidence of their violations.
How does a forensic mortgage audit help a home owner?
Violations are the leverage used to present your case with your lender. The more violations discovered, the better your chances of obtaining a favorable settlement. The chances of a successful settlement increase with the most severe violations.
What happens if there are violations in my loan?
Once the loan audit determines that you may have been a victim of deceptive lending practices or any other type of mortgage compliance issue stated above, you have the leverage to fight your lender.
The course of action you should take is often dependent upon your current situation. If you are not seriously delinquent on your loan, but have difficulty making your mortgage payments, you may want to consider the use of our loan modification partner to assist you in reaching an agreement with your lender to modify your loan terms. A loan audit disclosing violations will certainly give you leverage you need to get the best loan modification.
If you have received a Notice of Default or are in Foreclosure, you should consider hiring an attorney who is skilled in consumer advocacy, predatory lending and real estate law. If you need help in locating a skilled attorney, we may be able to assist you.
The attorney will reach a settlement agreement with the lender (most cases) or continue on to trial (rare situations) and demonstrate to a judge or jury how the lender has willfully failed to comply with Federal Law.
In most cases, it is NOT necessary for you to make mortgage payments while the lawsuit is pending, however placing your mortgage payment in a trust account will show good faith to the court as well as quickly add up for a sizeable fund to negotiate with, if needed.
It is also unlawful for the lender to report negative information about you to the Credit Reporting Agencies while the lawsuit is pending under the Fair Credit Reporting Act.
How can a loan audit stop a foreclosure?
If you are in foreclosure, the proper litigation can stop the foreclosure process immediately. A loan audit disclosing violations will stop a foreclosure in its tracks.
The law gives a borrower a limited amount of time to act. If you wait, you may not be able to take action later
