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Forensic Loan Auditing Services
Exposing Fraud
and Damages in Home Mortgage Loans
Lender Auditing Services (“LAS”)
is the leading institution on predatory lending abuse and practices
relating to mortgage home loans. Predatory lending is the practice
of exploiting a potential borrower’s ignorance for profit by fraud.
A majority of governmental agencies define the term predatory
lending as ‘granting loans without regarding the borrower’s ability
to repay.’ By doing so, this practice has grown into a multi billion
dollar industry for lenders.
Loan Modification Companies
Our industry experts perform an in-depth audit of the loan
documents searching for errors, omissions and violations.
When
dealing with Loss Mitigation Departments our Forensic Loan Audit
gives you the leverage you need to expedite negotiations.
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Attorneys
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Individuals
Looking to reduce your monthly mortgage payment? Are you having
trouble making your payments? Find out how you may be able to
get help by obtaining a forensic loan audit. Get the ammunition
you need to defend your rights and most of all, you home.
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Call us for more
information
(305) - 731 - 6840
or
Email us
@ gc@loandoctorsfl.com
How Does a Forensic Loan Audit Help?
All mortgages must comply with fair lending laws. Any error or
omission on the part of a lender or their agents constitutes a
violation. Our forensic loan audit verifies compliance with the
following:
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State and Federal Predatory Lending Laws
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Real Estate Settlement & Procedures Act (RESPA)
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Truth in Lending Act (TILA)
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Home Mortgage Disclosure Act (HMDA)
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Fair Housing Act (FHA)
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Equal Credit Opportunity Act (ECOA) and more
Predatory lending encompasses a variety of situations, such as,
check-cashing outlets for payday loans, car title loans, refund
anticipation loans and rent-a-center loans amongst other things. One
of the largest investments for an individual, a group of people or a
couple is usually the purchase of a home. With respect to home
mortgage loans the following situations are some examples that
entail the fruits of a predatory lending regime, and at most, are
always instigated by mortgage brokers and lending institutions:
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It
is putting people into a loan that does not benefit them.
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It
is not disclosing the true cost of the loan and the actual terms
and payments of the Loan.
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It
is deceiving people, promising them one loan and then at closing,
you’re getting a loan that is totally different than what you
expected.
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The interest rate is not what you were told or expected.
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The payments are higher than what you were told or expected
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They are not paying off the debts they said that they would
thereby deceiving you.
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You are not getting the cash out that you were promised or
anticipated.
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Instead of the Fixed Interest Rate you were led to believe that
you were getting, you are being put into an Adjustable Rate
Mortgage.
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You are put into an Adjustable Rate Mortgage without a clear
understanding and disclosure of what the true payments of that ARM
could and would be.
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You are being charged undisclosed fees, Yield Spread Premium.
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You are being charged junk fees, Broker Processing, Application
Fee, and Administrative Fees.
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You are being charged fee’s that usually have no benefit to you
“Discount Points” when you are not buying down the Interest Rate,
the list is endless.
The
making of promises to obtain quick-cash and easy-credit at low
interest rates is one of the means by which many consumers are
hauled into predatory lending abuses and practices. In time, such
promises prove to be false which trap many consumers in a cycle of
high interest payments, abusive fees, illegal kickbacks, terms that
can lead to foreclosure, which ultimately devastates a borrower’s
financial future and ability to pay.
The
Center for Responsible Lending (2001) estimates that predatory
mortgage lending practices cost borrowers at minimum $9.1 billion
annually. (Eric Stein 2001. Quantifying the Economic Cost of
Predatory Lending, Center for Responsible Lending, Durham, NC).
Certain loan characteristics (e.g. prepayment penalties, balloon
payments) substantially increase the likelihood of foreclosure and
most notably jeopardize homeownership.
§ The
Concept of how Predatory Lending happens?
Some
Mortgage Brokers and Lenders will do what ever they have to do to
get you to sign up for the loan. Lie to you; tell you whatever it
takes to get you to sign on the dotted line for the loan. This way
they have taken you out of the market. They start by looking at your
Credit Report to see what condition you’re in financially. They look
at your Credit Scores and then look to see if any of your payments
have been late. Are you behind on Property Taxes?
This
way they can tell what they can do with you as far as fees are
concerned. If they can see that you’re doing alright financially,
you have a good credit rating and your payments are all made on
time, then they will charge you reasonable upfront fees but then
they will add an undisclosed “Yield Spread Premium” (“YSP”), junk
fees like an Application fee, Administrative fee, a Broker
Processing fee, Discount fee and hope you do not question these fees
at closing and if you do, no detailed explanation is forthcoming of
its calculation and how they arrived at that calculation.
If
your credit score is not that good and they know that some of your
payments have been paid late, they do whatever they think they can
get away with. They tell you a better Interest Rate fully knowing
that your rate will be higher at closing. They will charge you an
Origination fee, Mortgage Broker fee, an undisclosed “Yield Spread
Premium”, Application fee, Administrative fee, a Broker Processing
fee, Discount fee and really don’t care if you see those fees at
closing or not. At this point you probably don’t have a choice than
to close the loan, and they knew it.
They
would purposely tell you not to pay the mortgage, 1st and
2nd, not to pay on your Car or Truck, not to pay the
credit cards they are paying off, this way when you get to the
closing and everything has changed, your Interest Rate and monthly
payment is higher than what they promised you, the Cash Out amount
was not what was promised, nor were the debts they promised to paid
off. Everything was different, but they are counting on the fact,
unfortunate for you, the money you saved by not making those
payments you spent on something else.
This
way you do not have the money to catch those payments up, so
basically, if you did not go through with the refinance, you may be
in a world of trouble. All those payments would start to show as
late on your Credit Report, your scores would go down and there
would be a good chance that if you didn’t close the loan, you may
not get this good of loan, if any loan at all.
Loan
Officers are instructed to go to the home and take the Application
and have you sign all of their documents. This way, they could not
give you a copy because they had to go back to the office and type
everything up, but they would send you a copy. They never send you a
copy because they did not want you to have proof or remember exactly
what they promised you to get you to sign. The same happens if they
would take an Application over the telephone. They would not give
you a copy of anything until closing.
This
is just an example of predatory lending tactics and abuse. You have
a Right BY Law, Federal and State, to receive a copy of your Good
Faith Estimate, your Truth-In-Lending disclosure within 3 days of
taking your Application. If anything changes on the Good Faith
Estimate; the Interest Rate changes more than 1/8% on a purchase, ¼%
on a refinance or any fee that changes within $35.00, they have to
re-disclose within three days of finding this information out, but
no later than 3 days before closing. The same applies for your
Truth-In-Lending disclosure.
Federal and State law require these disclosures so that you have a
TRUE AND ACCURATE COST OF YOUR LOAN and so you can make an educated
decision if you want the loan, could afford the loan, or did you
want to shop for a better loan. With this in mind, Mortgage Brokers
have gone as far as to even open their own Title Companies, just to
make the process easier for them to get you into that loan, and all
they do is keep making more money not caring what they did to you to
make it. As a result of this The Loan Doctor was birthed to put a
stop to this.
If
you feel that you have been a victim of predatory lending contact
LAS immediately for an initial consultation regarding your current
circumstances and fee arrangements. This consultation may lead to a
full audit of all your documentation and closing paperwork. Our goal
is to provide you with the best service and customer care in the
audit and assessment of your case. It is time to fight back and
seek compensation and damages for the abuse that you have
experienced.
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