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 Forensic Loan Audit. Mortgage Auditing Service Company. 
forensic loan audits

The Most Comprehensive
And Accurate 
Forensic Loan AuditTM Available!

83% of Mortgages Have Violations. 

Find Out How to Receive Recourse from

Your Lender!

 

U.S. Lender AuditTM is the National leading provider of Forensic Loan AuditingSM services to Law Firms, Attorneys, Non Profit Organizations, Loan Modification Companies, Servicers, Hedge Funds, and Borrowers.   U.S. Lender Audit services a team of expert auditors that have been conducting forensic mortgage loan audits and compliance audits as a niche company for nearly a decade.   Using traditional manual forensics, thoroughly investigated by hand, U.S. Lender Audit's industry experts provide the most accurate and comprehensive loan audit available in today's market, capturing ALL violations made prior to or at closing, guaranteed.  No other Forensic Loan AuditingSM servicer provides a more complete and accurate examination with it's rapid turn-around time, and full-money back guarantee.  And, if no violations are found, we will issue a full refund, no questions asked!

DEFINITIONS of the word "Audit":

  • A systematic, independent and documented process for obtaining evidence.
  • A formal examination of an organization's or individual's accounts or financial situation. An audit may also include examination of compliance with applicable terms, laws, and regulations.
  • The physical review of practice records to determine if the practice has been (and is being) compliant with carrier requirements.

  • U.S. Lender Audit provides the most flexible and accurate outsource Forensic Loan AuditTM solution and litigation support available anywhere for organizations and attorneys seeking litigation opportunities and work-out plans for their clients.  Our mortgage audit service and expert auditors provide thorough manual forensics examinations capturing violations NO SOFTWARE can catch!!!  Addtionally, the company reverse engineers all loan parameters, so ALL VIOLATIONS of Federal, State, County and Municipal Code are revealed along their severity and the specific code in violation.  The result of our mortgage audit services is a detailed comprehensive analysis that reveals  ALL RESPA, TILA, HOEPA, ECOA, GLB, FDCPA Violations and More in an easy-to-read format.  All infractions of State Lending Fairness Guidelines and Predatory Lending laws are applied.

     

    Why the Loan Audit?

    At the end of 2008 it was reported: The proportion of modified loans delinquent by 30 days or more was 55% after six months, according to the Office of the Comptroller of the Currency and the Office of Thrift Supervision. Modified loans that were 30 or more days delinquent after three months stood at 37%, the agencies' data showed.  Borrowers facing hardship, will typically fall into a modification set by calculative procedures by the servicer.  It is statistically shown, that the typical loan modification, is not working amongst those borrowers who have signed upon it's terms.  Furthermore, the "negotiations" provided by "loan modification" companies, may not be nearly as effective as one may think, since the servicers are providing solutions based on recent legislative or governmental programs. 

     

    A loan audit and its supportive findings provides a common ground where all parties can understand such violations that are evident along with proposed observations of preliminary suspect whereby a valid motion or demand for further discovery presents itself with clarity. Postion your clients in an offensive position to where proper remediation is scalable.  The U.S. Lender Audit provides you with the evidence and support you can trust to help your clients seek better modification terms, restructuring of new terms, principal or rate reduction, or continued discovery. With the greatest potential to alleviate "normal modification" setbacks and re-occurance of default, qualified and objective evidence helps simplify negotiations and stay using the information and support provided by U.S. Lender Audit.  

     

    Let us demonstrate the REAL difference of the U.S. Lender Audit's Forensic Loan Audit 
    versus other companies reporting methodologies.  No other report shows the specifics like we do, providing thorough ACCURACY and the EVIDENCE, and designed so that you know what is REAL and what is Potential Violations, based on how the information provided to us were obtained. 
    The difference of knowing what is evidence and what is suspect is imperative for next steps! 
    Ask to be invited to our FREE regularly scheduled online forums, where we show you ALL the specifics to
    better understand why we are the "Most Trusted and Reliable Loan Audit Company" in the industry! 


    Call today to reserve your spot and attend this week! 

     

    The other importance of the mortgage audit findings is that it may be the grounds to help move a non-judicial foreclosure action (currently in 29 states), if necessary, into jurisdiction, which can STOP FORECLOSURE in its tracks.  More importantly, borrowers regardless of financial hardship and payment history now have the chance for a better position to negotiate new terms or loan settlement. Violations found in a loan audit can help place the borrower in the offense!  U.S. Lender Audit helps legal professionals navigate through the process with our learning channels, which we find critical for those legal advisors that are looking to make the audit solution part of their business practice.  Information is only as good as the ones that know how best to use it.  Let U.S. Lender Audit demonstrate our unparalelled litigation support for your firm today!  Contact us now to get started with a private consultation or orientation from our team of specialists.

      

    Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions or any such questions as to the possibility of fraud or validation of debt), should contact their loan servicer in writing, outlining the nature of their complaint. The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. Until the complaint is resolved, borrowers should continue to make the servicer's required payment.A borrower may bring a private law suit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Borrowers may obtain actual damages, as well as additional damages if there is a pattern of noncompliance.

    The Lender will have 20 business days per the Real Estate Settlement Procedures Act (RESPA) to respond to the written request and 60 business days to try and settle this matter. In the event the Lender does not act within the timeframe's listed above, you may file  "Documented Mortgage Complaints" to all appropriate local, state and federal regulatory agencies, as the servicer would be in serious default!


    Now, a borrower can take a more offensive approach, and have a better chance of loan modification, principal and rate reduction, refund, or resission, regardless of their hardship or payment history! 

    SEE VIDEO PROOF! CLICK HERE!

     

    ATTORNEY?  Know how better to navigate your clients! Help them stay in their homes and receive better loan modifications or refunds they may not have been eligable for prior.  Borrowers should know their rights before signing on the dotted line with loan modification, as they may be giving them away.  Do they know what violations both within the loan documents and the lending environment allows them?  Litigation and recourse opportunities at your fingertips.  Have clients that want to sell?  Better the chances for deep short sale pay-offs and removal of judgement deficiencies. Order a mortgage loan audit!  Mortgage violations may be the best defense for a timely and more meaningful mortgage loan modification. 

     

    Find out why U.S. Lender Audit provides the most trusted Forensic Lender AuditTM?.  Click Here.

     

    U.S. Lender Audit provides the 

    Nation's #1, 

    MOST Comprehensive and Accurate

    Forensic Loan AnalysisTM

     identifying EVERY fraud or misrprentations made by lender, appraiser, broker, loan officers, processers, and more!

    See Another U.S. Lender Audit Sample Click Here

     

    We can review your mortgage documentation and assist you to help submit on your behalf a qualified written request/report of our findings to your Lender. This report will detail all mortgage related issues found in the review process. Section 6 provides borrowers with important consumer protections relating to the servicing of their loans.

     

    Protection of Credit Rating

    During the 60-day period beginning on the date of the servicer's receipt from any borrower of a qualified written request relating to a dispute regarding the borrower's payments, a servicer may not provide information regarding any overdue payment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency (as such term is defined under section 1681a of title 15).

    Our mission is to help protect the "American Dream of Home Ownership".  We offer a no obligation, free initial consultation to homeowners.  Furthermore, our network of attorneys may help be able assist you before and after the audit, providing free consultations to help you understand next steps. We welcome the opportunity to talk with you and to discuss how we may assist in providing you with the means needed to potentially get you loan modification, discount to your pay-off, reduction of principal/payments/interest, or refund. 

    If you or someone you know has been victimized by an unlawful RESPA overcharge, or if you have any questions about any aspect of RESPA, don't wait. The deadlines for bringing a RESPA lawsuit can be short; if you delay, you could lose your right to bring a claim. However, the statute of limitations can be extended an additional three years or more upon the actual discovery of violations when all documentation has been proven received.  Moreover, federal and state fraud, carries no stature of limitations.

    Order Now or Call Toll Free:  888-8-AUDITING or 888-828-3484

     

    Servicing All 50 states!

    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.


    83% of Mortgages Have Violations.
    Know the Facts!

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    RECENT FILES AUDITED:

    ACTUAL AUDITOR NOTES:This is a Hybrid Option Arm loan that allows 120% negative amortization. The servicing
    disclosure was in the file, however, the initial Good Faith Estimate and the initial Truth in
    Lending disclosures were not in the supplied documents. As all three of these documents are
    required to be disclosed to the borrower within 3 days of the application, there is some
    evidence that this may not of occurred. Additionally, this loan allowed a negative amortization
    that would bring the loan balance to exceed the appraised value.

    ACTUAL AUDITOR NOTES: In section One of the Note "1. BORROWER'S PROMISE TO PAY" the principal amount was blank. This would indicate that there is no consideration provided for this loan. The documents
    provided included a "Limited Power of Attorney" to correct paper work mistakes. However that
    POA excludes changes in the loan amount or terms.


    ACTUAL AUDIT NOTES:The audit report produced a number of loan exceptions. Most of the exceptions were produced
    because of the limited number of documents provided in the audit. This was a stated income
    loan. The application provided show the previous housing expense at $2600.00 and the new
    housing expense over $9000.00. This payment shock is unacceptable without some
    explanation by the underwriter as to how the borrower was to meet this obligation. This loan
    should not have been made.


    ACTUAL AUDIT NOTES: This transaction was a ten year interest only First Lien Mortgage Loan. The amount of the loan was $279,500.00. This amount is within the conventional limits and is covered by the State or Federal Home
    Ownership Equity Protection Act.
    This loan was made for a new home built by Lennar Homes. Lennar Homes
    also owns the loan
    origination company, the lender and the title company used in this transaction.
    The documents provided did not include a notice of Affiliated Business Disclosure required when two or
    more of the participants rendering services on a home mortgage are related by ownership of 1% or
    greater.


    Controlled and Affiliated Business Arrangements (ABA)
    An "affiliated business arrangement" (ABA) or Controlled Business Arrangement is defined in RESPA as
    an arrangement where a person who refers settlement services has an "affiliate relationship" or "an
    ownership interest of more than one percent in a provider of settlement services."


    Why an ABA not disclosed a RESPA Violation
    HUD tacitly understands that there are circumstances where a borrower's interests are best served by
    working with entities who "bundle", or package, services. If the process results in lower costs for the
    borrower, it is obviously advantageous to use a provider who can add value. For HUD, the concern is in
    areas where the borrower ends up paying more, not less, for services. The Controlled Business
    Arrangement is a circumstance where, if unmonitored or unregulated, borrowers could be steered to a
    provider which does not add value, but adds cost, where upon in this circumstance both the loan
    originator and the lender charged origination fees causing a higher cost to the borrower.
    This transaction violates RESPA 3500.15


    ACTUAL AUDIT NOTES: The borrower's did not show on their application sufficient funds to close the loan. There is no
    explanation for the additional funds. The payment shock on this loan was three times the
    amount that the borrower had been paying. This in addition to the poor payment and credit
    history of the borrower, made this a questionable loan and the lender should not have made
    the loan.


    ACTUAL AUDIT NOTES: This is a 30 year adjustable rate mortgage amortized over 40 years with a balloon payment at
    the end of 30 years. The HUD-1 provided in the review was changed and "penciled in" without
    any acknowledgment by initialing by the borrower. The review package also included only one
    copy of the borrower Right to Cancel. Two copies are required by the TILA law. Additionally,
    the GFE estimate provided at closing indicated the loan term was 480 months with and
    amortization period of 480 months. This was wrong as the term was 360 months and
    amortization period of 480 months. The fees charged by the broker were excessive and are
    indicative of an loan transaction provided to benefit the broker over the needs of the borrower.


    ACTUAL AUDIT NOTES: This is a 3/27 adjustable rate loan that refinanced with cash out a previous
    loan that had only
    four months of seasoning. The borrower had good credit with a mid score of 717.
    While legally
    permitted, this loan had excessive broker fees ($14,700.00) and the borrower could have
    possibly qualified for a fixed rate product with a similar interest rate and loan terms with lower
    fees. The broker would have difficulty passing the RESPA test for justifying the work that the
    fees represented.


    ACTUAL AUDIT NOTES: The Notice of Right to Cancel was not completed. The notice did not have a rescission date. This loan may be rescinded.


    ACTUAL AUDITOR NOTES: The file contained only three copies of the "Borrower's Right to Cancel", there should have
    been four copies or two copies for each borrower. The loan was originated by the borrower as
    the borrower was a loan officer for the lender. This is not an industry "good practice" and
    should have not been allowed. The borrower also provided a letter to the lender detailing the
    reason for the refinance. The letter claimed the borrower wanted to replace their adjustable
    rate mortgage with a fixed rate mortgage. This was a refinance of an adjustable rate mortgage
    with a new adjustable rate mortgage. As the cost of the refinance was going to increase the
    overall housing expense, it is difficult to understand how there would be a "net tangible
    benefit" to the borrower.


    ACTUAL AUDITOR NOTES:
    This was a re-finance of an existing mortgage loan. The Right of Rescission or the Right to
    Cancel provided in the file did not have a rescission date. Additionally only one copy was
    provided. Under the TILA law, in a consumer refinance transaction, two copies of a disclosure
    of Right of Rescission, disclosing the process and the date in which the borrower must exercise
    that right, must be given to each borrower at closing. Based upon these documents, the TILA
    law was violated and the borrower can rescind the loan. There is a Failure on the HUD-1 as
    both the originator and the lender charged processing fees. It is sometimes common to see the
    lender charge a small document review fee, but this was not the case. The deed of trust has
    the borrower as a married woman. California is a community property state and the spouse
    should have a right of rescission disclosure. This was not in the file.

    The file contained only one copy of the right of rescission. The copy was not complete. It failed
    to show the date of the transaction, or the date of the truth and lending disclosure or the date
    of receipt of the Right to Cancel Notice. It also failed to show the date by which the rescission
    period expires. Additionally, because California is a community property state, there should
    have been two notices for each borrower or both married individuals. The application did not
    indicate the borrower income, this would indicate a high level of irresponsibility on the part of
    the lender as this would mean the lender accepted the borrower with no income.

    The borrower was not qualified at a higher interest rate.
    The borrower's interest rate, currently, and at the time of Application is 7.500%.
    Debt-to-income ratio is very high at 7.500% and can increase to 10.500% in June
    2009, and can increase 1.00% each year thereafter. The borrower was not
    qualified for the interest rate ceiling of 13.500%.

    The Adjustable Rate Mortgage Note includes inconsistent
    mortgage terms.The loan documents indictate that the interest rate will adjust annually based on
    a 6-month LIBOR index. Based upon industry standards and accepted practices,
    the index should match the frequency of the interest rate adjustments, in this
    case, the index should be a 1 year LIBOR.


    It appears that the borrower was charged excessive fees at
    closing. For each loan, the borrower was charged 4% for origination fees on the HUD-1
    Settlement Statement. However, on the Good Faith Estimate, the 4% total fees
    included origination fees, discount fees, and mortgage broker fees totaling 4%.
    The HUD-1 does not differentiate the individual fees from the origination fees.

    Mortgage Affordability Estimates-This was estimated by using the income stated on the
    loan application.According to this estimate the borrower could afford to purchase a house
    valued at $245,531 at the initial rate of 7.500% and a house valued at $159,294 at the ceiling
    rate of 13.500%.

    Based on the information provided in the file the borrower would need to have a yearly income
    of $135,597.28 inorder to qualify for this loan. The borrower's income as shown on the loan application
    is $9,840.84 per month or$118,090.08 per year.

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    Not Legal Advice

    The information presented on this Web site is not to be construed as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure that this information is up-to-date as of the date of publication. It is not intended to be a full and exhaustive explanation of the law in any area. This information is not intended as legal advice and may not be used as legal advice. It should not be used to replace the advice of your own legal counsel.

    Copyright © 2008. U.S. Lender Audit, LLC. All Rights Reserved.

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