How Does A Forensic Loan Audit Differ From A Loan Modification?

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.

The only way to be sure if your mortgage contains lending irregularities is to perform a forensic loan audit. In essence, a forensic loan audit is a comprehensive review of your most recent loan package, line by line, page by page. The purpose of the examination is to identify any illegalities performed by the lender, broker or any other parties in conjunction with the loan.

This is important because for a lender to be able to foreclose on a mortgage, that loan must be a legal contract. Loan violations are serious legal offenses and lenders are subject to heavy fines and legal penalties for breaking these laws. For the most part, financial institutions are run by rational business people, who do understand the financial consequences of their mistakes and usually want to avoid expensive litigation or risk being charged with large fines. When they are shown proof of their mistakes and backed up against the wall, lenders are more readily agreeable to working on terms more favorable to the homeowner.

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.

Assuming there are violations on my mortgage loan, then what happens? If the forensic loan audit uncovers evidence of deceptive lending practices or mortgage fraud, you probably have a very good case with more than enough leverage to negotiate a reasonable settlement with your lender. Without leverage you are at the mercy of the lender who will either stall you off or wear you down to the point of accepting a gratuitous offer.

What is predatory lending? Dishonest behavior by many lenders, bankers, brokers and their sales force has caused the recent collapse of the financial markets. Examples of loans that may be considered predatory include pay option arms, stated income loans, bait and switch loans, elder abuse and other similar type loans where unscrupulous mortgage lenders and/or banks took unfair advantage of the borrowers.

If you are serious about saving your home and getting your life back on track, a forensic loan audit may be exactly what you require. 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. Many homeowners such as yourself are able to work out lower monthly payments, reduced interest rates and even principal reductions. Your home and your family’s well being could be at risk. You owe it to yourself and your family to pursue all available options. Remember, the worst thing you can do is to do nothing.