Of the 2 or more million mortgages that were funded between 2000-2007, many of these loans were funded unlawfully. During that period, bankers, lenders, mortgage brokers, appraisers and others in the industry enjoyed very prosperous times. Many of these people performed their jobs responsibly, while others performed their duties illegally. Prosecutions are continuing as these predatory lending violators are being brought to trial.
Your loan may contain violations and may be unlawful. And if that is the case you may be entitled to substantial damages whether you are current on your mortgage or if you are facing foreclosure. The rules are the same. The law does not differentiate. It is estimated that over 85% of mortgages funded during this time period contain some type of lending violation. The purpose of a forensic loan audit is to look for violations of federal and state lending practices.
What exactly is a forensic loan audit? A forensic loan audit is the comprehensive review of all documentation, legal paperwork, transaction data, and other evidence pertaining to a real estate loan that has already been funded. A Forensic Loan Audit identifies any illegalities performed by the lender, their broker, or other parties in conjunction with the loan. During the audit process, a professional should review your loan to ensure that it meets all legal requirements that were in effect at the time the loan was funded.
This is important because for a lender to be able to foreclose on a mortgage, that loan must be a legal contract. Loan violations are serious legal offenses and lenders are subject to heavy fines and legal penalties for breaking these laws. For the most part, financial institutions are run by rational business people, who do understand the financial consequences of their mistakes and usually want to avoid expensive litigation or risk being charged with large fines. When they are shown proof of their mistakes and backed up against the wall, lenders are more readily agreeable to working on terms more favorable to the homeowner.
How does this help me the home owner? Violations are the basis by which your case can be argued with lenders. Generally, the more violations, and the more severe those violations are, the better your chances are of obtaining a favorable settlement. This settlement can include punitive damages, attorney fees, more affordable loan terms, a delay or prevention of a foreclosure sale and more.
Assuming there are violations on my mortgage loan, then what happens? If the forensic loan audit uncovers evidence of deceptive lending practices or mortgage fraud, you probably have a very good case with more than enough leverage to negotiate a reasonable settlement with your lender. Without leverage you are at the mercy of the lender who will either stall you off or wear you down to the point of accepting a gratuitous offer.
What is predatory lending? Dishonest behavior by many lenders, bankers, brokers and their sales force has caused the recent collapse of the financial markets. Examples of loans that may be considered predatory include pay option arms, stated income loans, bait and switch loans, elder abuse and other similar type loans where unscrupulous mortgage lenders and/or banks took unfair advantage of the borrowers.
If you are serious about saving your home and getting your life back on track, a forensic loan audit may be exactly what you require. A forensic loan audit may uncover certain irregularities which in turn will give your legal negotiators the ammunition they need to work out a favorable loan modification program for you. Many homeowners such as yourself are able to work out lower monthly payments, reduced interest rates and even principal reductions. Your home and your family's well being could be at risk. You owe it to yourself and your family to pursue all available options. Remember, the worst thing you can do is to do nothing.
Your loan may contain violations and may be unlawful. And if that is the case you may be entitled to substantial damages whether you are current on your mortgage or if you are facing foreclosure. The rules are the same. The law does not differentiate. It is estimated that over 85% of mortgages funded during this time period contain some type of lending violation. The purpose of a forensic loan audit is to look for violations of federal and state lending practices.
What exactly is a forensic loan audit? A forensic loan audit is the comprehensive review of all documentation, legal paperwork, transaction data, and other evidence pertaining to a real estate loan that has already been funded. A Forensic Loan Audit identifies any illegalities performed by the lender, their broker, or other parties in conjunction with the loan. During the audit process, a professional should review your loan to ensure that it meets all legal requirements that were in effect at the time the loan was funded.
This is important because for a lender to be able to foreclose on a mortgage, that loan must be a legal contract. Loan violations are serious legal offenses and lenders are subject to heavy fines and legal penalties for breaking these laws. For the most part, financial institutions are run by rational business people, who do understand the financial consequences of their mistakes and usually want to avoid expensive litigation or risk being charged with large fines. When they are shown proof of their mistakes and backed up against the wall, lenders are more readily agreeable to working on terms more favorable to the homeowner.
How does this help me the home owner? Violations are the basis by which your case can be argued with lenders. Generally, the more violations, and the more severe those violations are, the better your chances are of obtaining a favorable settlement. This settlement can include punitive damages, attorney fees, more affordable loan terms, a delay or prevention of a foreclosure sale and more.
Assuming there are violations on my mortgage loan, then what happens? If the forensic loan audit uncovers evidence of deceptive lending practices or mortgage fraud, you probably have a very good case with more than enough leverage to negotiate a reasonable settlement with your lender. Without leverage you are at the mercy of the lender who will either stall you off or wear you down to the point of accepting a gratuitous offer.
What is predatory lending? Dishonest behavior by many lenders, bankers, brokers and their sales force has caused the recent collapse of the financial markets. Examples of loans that may be considered predatory include pay option arms, stated income loans, bait and switch loans, elder abuse and other similar type loans where unscrupulous mortgage lenders and/or banks took unfair advantage of the borrowers.
If you are serious about saving your home and getting your life back on track, a forensic loan audit may be exactly what you require. A forensic loan audit may uncover certain irregularities which in turn will give your legal negotiators the ammunition they need to work out a favorable loan modification program for you. Many homeowners such as yourself are able to work out lower monthly payments, reduced interest rates and even principal reductions. Your home and your family's well being could be at risk. You owe it to yourself and your family to pursue all available options. Remember, the worst thing you can do is to do nothing.
About the Author:
Arnold Stadneck, a retired freelance artist, recently underwent his own forensic loan audit. When he refinanced his sprawling lakefront home in December 2002 he had no idea that he would be one of thousands of borrowers, caught up in the financial turmoil, applying for a home loan modification within the next five years.
