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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
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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
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Complete client interview
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Complete and detailed loan document and disclosure audit,
performed by experienced underwriting and fraud and compliance mortgage
professionals.
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Truth in Lending Act (TILA) and Real Estate Settlement & Procedures
Act (RESPA)
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Reverse engineer your loan terms and Annual Percentage Rate
(APR) for possible TILA violations
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Complete a 10-12 page report with all violations, findings, and law
excerpts
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Provide a legal opinion, if necessary, from our corporate attorney,
and deliver with the Audit
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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
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Results report of all factual findings of the forensic audit
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Any and all applicable federal law violations
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The real terms of your loan
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Outline of hidden fees and/or commission earned by your broker or
lender
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A complete assessment so you can pursue possible legal claims
against your broker and/or lender
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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!
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