How Does A Forensic Loan Audit Differ From A Loan Modification?
Of the 2 or more million mortgages that were funded between 2000-2007, many of these loans were funded unlawfully. During that period, bankers, lenders, mortgage brokers, appraisers and others in the industry enjoyed very prosperous times. Many of these people performed their jobs responsibly, while others performed their duties illegally. Prosecutions are continuing as these predatory lending violators are being brought to trial.
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 looks for violations of federal, state and predatory lending practices. Approximately 85% of forensic loan audits to date have uncovered violations in the TILA (Truth in Lending Act), Good Faith Estimate, RESPA (Real Estate Settlement Procedures Act), and in the Predatory Lending and Real Estate/Mortgage Fraud regulations.
What exactly is a forensic loan audit? A forensic loan audit is the comprehensive review of all documentation, legal paperwork, transaction data, and other evidence pertaining to a real estate loan that has already been funded. A Forensic Loan Audit identifies any illegalities performed by the lender, their broker, or other parties in conjunction with the loan. During the audit process, a professional should review your loan to ensure that it meets all legal requirements that were in effect at the time the loan was funded.
Why is this important? Loans must be legal to remain enforceable by the lender. Loan violations are serious offenses of Federal Consumer Protection Law and lenders may face huge fines and serious legal consequences for breaking these laws. Financial institutions are typically run by rational business people. Lenders understand the financial ramifications of their mistakes and usually want to avoid expensive litigation or the risk of being charged with large fines. When the audit team commences the negotiating process, the onus begins to shift and the lenders can often be persuaded to mend situations more easily with homeowners.
How does a forensic audit help the homeowner? Mortgage violations are the basis by which your case can be argued with lenders. Generally, the more severe those violations are, the better your chances are of obtaining a favorable settlement. This settlement can include punitive damages, attorney fees, more affordable loan terms (such as a lower interest rate, lower monthly payments and/or a principal reduction), a delay or prevention of a foreclosure sale and more. When you consider the chances of any lender getting a favorable jury decision in any court in the country, one can understand why the lender might be inclined to negotiate a settlement.
What happens if there are violations in my loan? If a loan audit determines that you may have been a victim of deceptive lending practices or any other type of mortgage compliance issue, you may have the leverage necessary to negotiate with your lender. Many borrowers attempt to negotiate with the lender directly. In the early stages of loan modifications, many borrowers who did make deals without proper representation ended up back in the foreclosure process a few months later. Unless you have the time, knowledge and negotiating skills, you should hire an attorney to negotiate on your behalf. Otherwise your lender will either assume you are not serious in your intentions or grant you low priority consideration. Either way you are probably not going to achieve favorable results.
The penalties for failure to comply with the Truth In Lending Act and other sections of the regulations as they apply to mortgage lending, can be substantial. 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.
Your home and your familys welfare are too important to leave to chance. A forensic loan audit may uncover certain irregularities which in turn will give your legal negotiators the ammunition they need to work out a favorable loan modification program for you. At the end of this process; homeowners who have been the victims of predatory lenders, can rectify a great deal of the damage done to them. Including, resetting the terms of the loan to a lower interest rate, eliminating any back due amounts, restoring their credit history and saving their home.
