Forensic Loan Audits for Mortgage Modifications and Loan Workouts

We Want to Negotiate a Win, Win Solution for you and Your Lender

 
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Forensic Loan Audit

The largest debt anyone will ever owe is usually one's home. A forensic loan Loan Audit opens up the possibility that this debt can be modified. Order your Forensic Loan Audit now.

 

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Predatory Lending

Tens of thousands of lenders violated laws during the "gold rush" mortgage years of 1999-2006. Did you finance a loan during this time? If so, you may be a victim of predatory lending. Don't be a victim! Know your rights!   Order your Forensic Loan Audit now.

 

 

 

 

 

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SERVICES

At National Loan Auditors, our primary goal is to keep our clients in their homes. With this goal in mind, we advance the interests of our clients by performing a Forensic Loan Audit and then referring our client to our national network of loan modification and bankruptcy attorneys and specialists. Our attorneys are experts in their field and are able to negotiate with lenders, and when necessary, file a lawsuit and mitigate your case.

Fortunately, many lenders have the goal of keeping their financial losses to a minimum, and this can work out to a favorable end result for not only our clients, but also for for the lenders themselves. Here's why: 

In this mortgage meltdown market, keeping the lenders' losses to a minimum is often best accomplished by keeping a borrower who can at least a major part of the mortgage in the house. Thus, the goals of our clients often meet those of the lenders. While it would then seem easy for borrowers and lenders to come to agreements, reaching the right person at the lenders' offices, as in the one who can make decisions, is often very difficult. We are able to get to the right people and, when needed, to the lenders' attorneys.

Your attorney will negotiate directly with the people at the lenders who can make decisions, and make the most logical ones for both the lender and the borrower.

When negotiations fail, and our client has valid complaints against the lender, your attorney will file suit in court. This gets the lenders undivided attention, and puts us in a position to be heard. Fortunately, the big lenders hire "big name" experienced law firms who understand mortgage laws very well. These seasoned attorneys do not usually hesitate to settle when faced with facts against their client. Thus, many cases will settle before trial, which means less hassle for our client and for the lender.

While we individualize our services for each client, a general overview of what we have to offer is as follows:

· LOAN MODIFICATION SERVICES

What Is a Loan Modification?

This is where the attorney renegotiates your existing contract with the lender. A loan modification is effective when the initial teaser rate has expired, and the new interest rate explodes to ten percent or more. The lender may be willing to extend the teaser rate for a few more years, keeping our client in the home while the lender collects a monthly payment. Smart lenders see this arrangement as better than collecting nothing from a vacant house.

Who Will Handle My Loan Modification?

Our loan modification team consists of attorneys and loss mitigation consultants. While a loan modification can be accomplished without counsel from an attorney, borrowers should keep in mind that the loan they now have was done without an attorney looking out for them. Obviously, the end result was not satisfactory. Moving into a new situation, a loan modification can be considered a "new" loan, because there will be a new contract signed. This new contract will have new terms, and new payments. These new terms and new payments should be completely understood by the borrower, and they should be in the borrowers best interest, and produce a net tangible benefit to the borrower. Our attorneys will fully and accurately explain the new loan terms and payments to you, ensure that the new loan best fits your needs, and that it produces a net tangible benefit to you.

Do I Really Need an Attorney?

There are many people advertising loan modification services on the Internet and through other media outlets. While some of these people may be well-meaning and competent, troubled borrowers need to keep in mind that there is a virtual "army" of out-of-work loan officers, brokers, escrow officers, and underwriters out there looking to make money. Many of these mortgage professionals are the same ones who sold the toxic loans that now need modification. Extreme caution should be exercised when hiring someone to get you out of a bad loan. To avoid falling victim to a predatory lender twice, we suggest hiring a firm that is represented by an attorney, whether from our firm or another.

What Kind of New Terms Can I Expect?

The first thing we tell our clients is that they need to be realistic. If someone owes $700,000 and can only afford a payment of $1,000 per month, and that payment must include taxes and insurance, we set that person straight. That person can not afford their house. What is realistic is to expect fixed payments for anywhere from five to thirty years at an interest rate of between six and seven percent. These are realistic numbers for the borrower and the lender.

Do Lenders Reduce Balances?

Many people think that the lenders should write off loan balances as part of a loan modification, and while we agree, the lenders are just not agreeing to many modifications of that nature at this time. There's a lot of red tape in the process that prevents lenders from reducing balances (for example, the IRS wants to make taxable such written-off debt), even though such an arrangement would be logical. That said, we believe we will see principle reductions becoming quite common as we go into 2009 and the meltdown continues. The Federal government will probably change laws that pertain to this issue and we will post news here.

Will National Loan Auditors Guarantee Results?

No. While that may not be the answer you expected, please understand that there is no way to guarantee a loan modification, short sale, deed-in-lieu of foreclosure, or any other desired result. Any lawyer, firm or organization that does make such a guarantee should be heavily scrutinized, if not doubted. The only guarantee we make is that we perform one of the best "Forensic Loan Audits" in the industry, and you are hiring us to perform this audit, so you can clearly understand your options when it comes to saving your home, walking away from your home, or saving or rebuilding your credit.

We understand the value, both economic and emotional, of your home and your home ownership dreams. We truly want to help people keep their homes, stay in their neighborhood, and raise their families as they had planned. It all starts by conducting a Forensic Loan Audit.

Our Forensic Audit Services 

We begin with a detailed review process of your loan documents. We Want To Make Sure Your Lender or Broker Has Not Made You a Victim of Deceptive Lending Practices

WE WILL

  • Complete client interview
  • Complete and detailed loan document and disclosure audit, performed by experienced underwriting and fraud and compliance mortgage professionals.
  • Truth in Lending Act (TILA) and Real Estate Settlement & Procedures Act (RESPA)
  • Reverse engineer your loan terms and Annual Percentage Rate (APR) for possible TILA violations
  • Complete a 10-12 page report with all violations, findings, and law excerpts
  • Provide a legal opinion, if necessary, from our corporate attorney, and deliver with the Audit 

What We Look For

CONSTRUCTIVE FRAUD

Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which 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?

FRAUD AND NEGLIGENT MISREPRESENTATION

Were any representations, statements, or comments, written or oral made by the loan officer, broker, notary 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.

EXCESSIVE FEES

We look for Excessive Fees and Improper Charges by your Lender. We also look for Deceptive Abusive Predatory Lending Practices, Excessive Prepayment Penalties, Tangible Benefits to the Borrower, Affordability to the Borrower, Home Mortgage Disclosure Act (HMDA) Data, Broker Fee Agreements, and State and Federal Disclosure Accuracy.

BREACH OF CONTRACT

The note and its attachments are a contract. The broker must follow all the terms of the contract such as the way the interest is calculated, and the penalties it assesses. Were there any terms in the contract which the lender failed to follow?

THE RESULT

Once we determine that you may have been a Victim of Deceptive Lending Practices or any other type of Mortgage Compliance Issue stated above, we will send an official written request to your Lender, on your behalf.

We will first attempt to settle the Loan Issue/Documented Dispute with the Lender prior to filing complaint(s) with any agency and inform the Lender of the Issues we have found in our detailed “Forensic Audit”.

Most Lenders will have little choice but to settle immediately, once they review the documented report we send them, breaking down our expert findings.
 
In the event, the Lender fails to respond to our official written request within 20 days of our notice or fails to settle within a 60 day time period, we will then refer your case out to our attorney or to outside council who can file lawsuits with the lender on your behalf.

 WE PROVIDE YOU WITH A COMPLETE FORENSIC ANALYSIS

  • Results report of all factual findings of the forensic audit
  • Any and all applicable federal law violations
  • The real terms of your loan
  • Outline of hidden fees and/or commission earned by your broker or lender
  • A complete assessment so you can pursue possible legal claims against your broker and/or lender

LOAN MODIFICATIONS

Loan Restructure (Most Popular Alternative-more below)

Our attorneys can negotiate with your lender to get your loan in good standing again. This can be accomplished through a separate payment plan for your delinquency or even adding the delinquency to the end of your loan. Sometimes we can even lower your monthly payment! 

Reinstatement

Pay your lender(s) all of your past due payments to bring your mortgage current. This option is rarely feasible. 

Refinance

Only a viable option if there is enough equity in your property available. Rarely feasible these days.

Sell Your Home

You may simply sell your home before the Foreclosure Sale Date. Sometimes the home owner is unable to sell the home outright at the desired sale price and this is not an option. 

Short Sale

Our attorneys may be able to negotiate a Short Sale on your behalf with your lender(s). In this instance the lender may take less than what you owe on the loan to avoid a lengthy and costly foreclosure process.  You will benefit from using a team of attorneys and loan modification experts rather than doing it yourself or using a Realtor, we can get the short sale negotiated quicker and often with better results. 

Deed-in-lieu of Foreclosure

Our attorneys can arrange for you to simply give the home back to the lender and walk away with a clean slate. 

Bankruptcy

This is a last resort. This will only save your home temporarily. If you miss one payment during this process the lender will put you right back into foreclosure. However it may be a viable option for many, especially if you have very little assets and a lot of debt. We can help you file for  Chapter 7 or a Chapter 13 bankruptcy as well.

Foreclosure

You may elect to allow the home to be entered into mortgage foreclosure. See our foreclosure page and read more about our Foreclosure Services, these pages are filled with information that will give you the answers you need to make the right decision. 

Stop Hesitating and Start Acting! 

For further information or to discuss getting help with bankruptcy, short sales, or foreclosure we invite you to schedule a free confidential consultation with our experienced Real Estate and bankruptcy attorneys by calling us at 925-256-7300, or filling out our contact us form on our website. The confidential consultation is free.

THE LOAN MODIFICATION PROCESS :

Attorney to complete a financial analysis and evaluation of the expected recovery value that the lender would realize in a foreclosure.

Acquisition dates and asset dispositions are projected. The analysis reviews property data such as loan-agreement copies, the promissory note, the deed of trust, the security agreement and all other liens secured by the property or borrower’s property operations, including Real Estate taxes and assessments. Also up for review are current rent rolls, copies of all current leases, a schedule of all rent concessions and current tenant improvements, copies of any current listing agreements and/or purchase offers from the past 12 months.

Operating statements for the income and expenses face analysis for the previous three years to establish trends and calculate the current net operating income. All appropriate expenses are analyzed and compared to expense models that lenders use to present a fair position on the owner’s behalf. Required capital expenses, leasing expenses for buyouts or brokerage commissions, the total debt service of senior debt and asset-management expenses then reduce the net-operating income. The results are the net proceeds from operations a lender may realize after acquiring title.

Establish market value. The operations proceeds are then added to the net-sale proceeds to create the expected recovery value available from the collateral.

Thoroughly review the borrower’s exposure to a deficiency judgment. Facing analysis are all borrowers’ federal tax returns for the three most current tax years — including all K1s, if partnership interests are owned — along with a current financial statement, including cash-flow statements showing income sources and expenditure categories. The purpose is to develop strategies that protect personal assets and establish that it is not in the lender’s best interest to pursue a judicial foreclosure. Once the personal exposure is analyzed, asset values that may be exposed are reduced by liquidation and litigation costs, as well as risk factors in losing a judgment. This reduced value is the expected recovery value from personal assets.

Combine and discount the future expected-recovery value from the collateral and personal assets to create a present value. The discount rate considers the cost of funds, administration and risk. It takes great work and thought to develop the present value of the expected combined recovery. Negotiations begin with this discounted value.

Our attorneys will negotiate with your lender. Documentation is prepared and reviewed in this final phase. Upon approval, escrow and title are opened, and the transaction is closed.

Proper preparation of the financial analysis, which can be placed on a spreadsheet, is 70 percent of the work in a successful negotiation. Although comprehensive packaging for the lender is essential, negotiations must be directed to the present value of maximum recovery. The cost of a lender’s asset-management burden can reduce the maximum recovery to less than what a property owner can provide. In addition to closing the lender’s economic risk, adjusting the capital structure of a property allows the owner to maintain ownership and operation or the possibility for sale at a much higher price than if the lender sells it as Real Estate-owned.

When structuring strategies and implementation, it is vital to understand forbearance, loan restructuring, debt cancellation, short sales, deeds in lieu of foreclosure with release from any personal responsibility, land trusts and bankruptcy. Knowing how such devices and actions can be used independently, sequentially and or concurrently is essential in structuring strategies and their implementation. It also is vital to coordinate relationship strategies with other professionals who implement other aspects of assimilating and analyzing data or processing actions.

For further information or to discuss getting help with bankruptcy, short sales, or foreclosures we invite you to schedule a free confidential consultation by calling us at 877-670-8822, or filling out our contact us form on our website. The confidential consultation is free.


National Loan Auditors, Saving Dreams One Home at a Time!

Order your Forensic Loan Audit Now!