Attorney Assisted Programs

If you have been the victim of predatory lending, we at the Home Litigation Help would like to assure you that there is light at the end of the tunnel. Although your current predicament seems gloomy, we can offer a tried and proven solution. With the help of our highly experienced attorneys, we are sure to set you back on the path to financial freedom.

Your Individual Situation Matters

The most important aspect of the loan modification process is attention to detail. The sad fact is that most Mod companies are only interested in executing as many loan modifications as they can every month so that they can make as much money as possible. This practice certainly puts you at risk of being placed in yet another foundationless loan.

Fortunately for you, we at the Home Litigation Helphave dedicated ourselves to treating each and every client’s loan modification as if it were our own. We have several different Attorney Assisted Programs that are available to you. Our expert staff will carefully examine your individual situation and then place you in the absolute best program for your individual needs.

A Forensic Audit

A Forensic Audit is a vital aspect of the loan modification process. This process requires that an expert attorney carefully scans the entirety of your home loan documents to search for any and all loop holes, predatory, and illegal clauses that may be unlawfully binding you to your loan.

The Home Litigation Help Difference

Here at the Home Litigation Help there is one very large difference that separates us from the rest of the loan modification groups out there.

We Use Real Attorneys!

Now, you would think that this would be standard practice when everyone is calling their loan modification programs “Attorney Assisted Programs”. However, nearly all of the companies out there are using ex loan processors to do the work of the attorneys. As you can clearly imagine, this can be hazardous to your loan modification??All of our attorneys are highly experienced and have a sharp eye for spotting foul play. Your loan modification will be handled by one of our unmatched attorneys to insure that you get the best end result possible.

Forensic Loan Audit

With the inception of increased foreclosures and the efforts of millions of homeowners struggling to save their homes through various methods such as loan modifications, short sales, deed in lieu of foreclosures, forbearance plans, and other loan workout plans. One term that you may want to know about is the Forensic Loan Audit.  A Forensic Loan Audit is a comprehensive review and analysis of all the documents related to your mortgage file. It is the process by which your loan documents, the fees you paid and your lender’s actions during your loan process are carefully examined to find anything that might be out of the ordinary.

Obtaining a mortgage is a moderately multifaceted process that is heavily regulated by the U.S. Federal Government and state governments. By itself, the loan document trail associated with getting a mortgage commencing when a mortgage loan applicant applies for the loan all the way through to the loan closing is rather extensive and complex. There are many places along the way for errors in the documentation. Inspecting loan documents and finding these errors is what a Forensic Loan Audit is used for.

A Forensic Loan Audit can be a very effectual way to get a lender to work with you on saving your home from foreclosure. Many mortgage loan modification companies and/or attorneys while they are preparing your file to present a loan modification negotiation with your mortgage lender will conduct a Forensic Loan Audit. This audit goes through all of the loan/mortgage documentation that you received from the lender and the title company when you mortgaged your home.

When you begin a loan modification program, the loan modification company should ask you for most if not all of the paperwork you received when you obtained your mortgage. If they do not ask you for it, this should be a concern of yours and you should probably find another company to work with. Ask whoever you choose to hire about doing a Forensic Loan Audit. If they indicate that they do not perform Forensic Loan Audits, then you should go searching elsewhere or contact us. A Forensic Loan Audit is very important in the outcome of your loan modification approval.  So, whether or not you decide to take on the task of negotiating with your lender yourself, or decide to use an experienced loan modification company or attorney to do it for you, it is an instrument crucial to your success.

Why is a Forensic Loan Audit Important?

Typically, the Forensic Audit identifies errors in your loan file, such as fees that have been overcharged and under-disclosed, unfair lending practices, or other lending violations made during the application of your mortgage file. The Forensic Audit also measures your file against the regulations of the mortgage industry’s governing bodies, such as RESPA and TILA.

Inconsistencies discovered in your loan paperwork during the forensic audit are important as they can lead to either the lender having to rescind your loan (essentially cancel your loan) and giving all of your money back that you have paid to them over time since you acquired your mortgage. This could be a large sum of money that the mortgage company does not want to return. Second, you may have legal justification for some type of lawsuit against the mortgage company depending on the sort of discrepancies that are found in your loan paperwork.

For any of these problems found, the loan modification company will in most cases be able to use these discrepancies to negotiate with your lender to get you the loan modification that you need to save your home.

What Is Found in A Forensic Loan Audit?

A thorough forensic loan audit should look for:

  1. Violations of Federal, State or Local Laws:?The act of using your home as collateral in obtaining a mortgage is covered by numerous federal, state and local laws. These laws are in place to protect your rights when you use your home as collateral in a mortgage transaction. The audit professional will review your loan documents to determine if there are differences between the disclosure of information in your loan documents you received and the disclosure of information required by law.
  2. Constructive Fraud: ?Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information that 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?
  3. Fraud and Negligent Misrepresentation: ?Were any representations, statements, or comments, written or oral made by the loan officer, broker, escrow or anyone else which contradicted the terms of the documents? 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.
  4. Excessive Fees: ?Were there any excessive fees or improper charges made by the lender or loan broker. Are there any deceptive, abusive, or predatory lending practices or an excessive prepayment penalty? Is there a Net Tangible Benefit to the Borrower in the mortgage transaction? Was there a proper analysis to determine if the Borrower can afford the payments on the loan? Were the fees properly disclosed?
  5. Breach of Contract:?The note and its attachments are a contract. The lender must follow all the terms of the contract such as the way the interest is calculated, and the penalties are assessed. Were there any terms in the contract, which the lender failed to follow?

Know Your Rights

The penalties for failure to comply with the Truth In Lending Act can be significant. A creditor who violates the disclosure requirements may be sued for twice the amount of the total finance charge on the loan. In the case of a home mortgage, this can be a very considerable amount. Costs and attorney’s fees may also be awarded to the consumer. A lawsuit must be initiated by the consumer typically within three years of the violation, but certain tolling provisions apply giving the consumer additional time.
The Truth In Lending Act (”TILA”) and the Real Estate Settlement Procedures Act (”RESPA”) are violated daily by lenders and mortgage companies. These laws are in place to protect you, the homeowner, but they are often completely disregarded. Your loan is probably unlawful, and you may be entitled to substantial damages whether or not you’re currently in foreclosure.

Not only can the Truth In Lending Act be used to immediately stop the foreclosure process (if you currently are in foreclosure), but it also lets you avoid bankruptcy and it puts money in your pocket. Once TILA and/or RESPA violations are discovered in your loan documents, your lender will be eager to discontinue the unlawful foreclosure process and settle the dispute.

Regardless if you are going to work with a loan modification company, attorney or on your own, you need a forensic loan audit. Order one today.