Can I Benefit From A Forensic Loan Audit Even If I Am Current On My Mortgage?
Over a period of five years or more, primarily during the real estate boom years of 2002-2007 over 2 million mortgage loans were funded. During that period, when real estate prices were going up at an unparalleled pace, there was so much competition among lenders to make high profit loans, that underwriting guidelines became practically non-existent. Lenders in their exuberance, greedily made loans to just about any borrower who could sign their name. Not wanting to be saddled with too much debt, the lender bundled and sold off the riskier mortgages before the ink dried.
Your loan may be unlawful, and you may be entitled to substantial damages whether or not you are currently in foreclosure. A forensic loan audit is designed to look for violations of federal and state lending practices. Well over 83% of the forensic audits performed to date reveal major TILA (Truth in Lending Act), RESPA (Real Estate Settlement Procedures Act), Predatory Lending, and Real Estate/Mortgage Fraud violations.
A Forensic Loan Audit is made up of a thorough review of your most recent mortgage loan package. All documents are examined, particularly the Note, HUD (Closing Statement), GFE (Good Faith Estimate) and a wide assortment of other legal documents making up your loan package. The purpose of the audit is to identify any illegalities performed by the lender, their broker, or other parties to the loan. During the audit process, a professional should review your loan to make sure that it meets all legal steps in effect at the time the loan was funded.
Why is this audit so important? This simple and straightforward answer is, loans must be legal to remain enforceable by the lender. Loan violations are serious offenses of federal laws and lenders may face stiff fines and penalties for breaking the laws. For the most part, lenders and banks are firms run by reasonable business people. Begrudgingly, they understand the financial mess they were instrumental in creating, and want to avoid any possible large fines or being faced with expensive litigation.
How does the average home owner benefit? Violations are like bullets being loaded into a gun, used by the audit team to argue your case with the lender. As a rule, the more violations, and the more severe those violations are, the better your chances of obtaining a favorable settlement is going to be. This settlement may include punitive damages, attorney fees, lower monthly payments, a principal reduction, a delay or prevention of a foreclosure sale and more.
There is a saying with universal application that states that a person who elects to represent himself has a fool for a client. This is not the time or the place to try to test out your negotiating skills. There is far too much at stake. Your best course of action is to hire an attorney who is skilled in mortgage lending and real estate law. And particularly one who knows and understand the forensic audit principals. He or she will determine the proper course of action. If your loan is found to contain irregularities and is considered unlawful you may be entitled to compensation and other awards. At worst, you can be assured of an attractive loan modification on terms more to your liking.
Violations of the Truth In Lending Act carry severe penalties. Most of the recent prosecutions have centered around this document which in recent years was not properly disclosed and/or presented in the loan package. 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 significant amount. Costs and attorneys fees may also be awarded to the borrower. This is just one of the many documents the forensic audit team will scrutinize.
Summary. A forensic loan audit may uncover certain irregularities which in turn will give your legal team the upper hand when it comes to dealing with your lender. Banks would rather negotiate than litigate. At the end of this process many homeowners who have been the victims of predatory lenders are able to rectify a great deal of their problems, including the realization of lower interest rates, reduced principal balances, foregoing past due balances and most importantly keeping their home and their sanity.
