LITIGATION SUPPORT SERVICES  

Because of the difficulties homeowners experience when negotiating with banks, even while armed with an audit, we are now working only with attorneys and advising our homeowner clients to retain counsel. If you are a solo practitioner or a small law firm starting a foreclosure defense practice, we can assist with every phase of the litigation process including the initial evaluation of the case to identity all actionable violations and causes of action including TILA and RESPA violations, and Predatory Lending practices and the application of legal theories such as Civil Conspiracy, Joint venture and Vicarious Liability to facts in connection with Foreclosure Defense. Our services can be invaluable when your case involves a Securitization Trust as a secured party attempting to foreclose on a Mortgage which was separated from the Note and assigned to the Trust by an entity with no authority to effectuate such assignment.


 



Victim of predatory lending?

  • Did you purchase or refinance within the past six years?
  • Do you have an adjustable rate mortgage?
  • Do you owe more than your home’s current value?
  • Has your loan been securitized and sold to unknown investors?
  • Has your loan already been paid off by an insurer?
  • Were you mislead about the true terms of your loan?
  • Was your income inflated by the lender without your knowledge?
  • Is your debt to income ratio over 50%?
  • Was the mortgage broker or lender operating without a license?
  • Did the lender fail to give you all the required disclosures?
  • Was the appraisal inflated?
  • Did you give up a fixed rate in exchange for a toxic sub-prime mortgage or a Pay Option ARM?
  • Has the same lender refinanced you several times?

Predatory Lending Practices

  • Predatory lenders use deceptive or aggressive practices to sell their loans, often targeting certain neighborhoods.
  • Predatory lenders strip equity form homes through excessive fees without considering the borrower’s ability to repay the loan.
  • Predatory lenders use prepayment penalties and adjustable loans that increase without regard to market conditions.
  • Predatory Lenders offer you one rate and fee structure, but change the loan terms at the last minute without proper disclosures.
  • Predatory lenders may use Spanish speakers to gain the trust and confidence of Hispanic Homeowners.
  • Predatory lenders charge excessive fees, points, and interest rates.
  • If you did a “stated income” or “stated asset” loan, you likely were the victim of mortgage fraud.
  • If you are elderly (over age 65), you may also be the victim of Elderly Abuse

WARNING


TILA Audits that use standardized check-off lists without providing a mathematical determination of the TILA Disclosure Statement are NOT Forensic Audits. Our Forensic TILA Audits specifically focus on evaluating substantive rights to rescind or cancel a mortgage loan transaction.

Discrepancies are found in around 70% of mortgages audited. Our Forensic Loan Audit will provide you with a detailed list of violations and where they appear in your mortgage documents. It will expose serious non-disclosure violations, accounting errors, fraud, misrepresentation and predatory lending. With documented proof in your hands you can choose to move forward and turn the table on your predatory lender.



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