Forensic Loan Audit  

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Using the Forensic Audit for Loan Modification

The BEST way to get your lender to listen to you is by presenting a legal case to them, along with PROOF that they committed ERRORS in underwriting, approving, and funding your loan! Loan Modification simply means that the mortgage CAN be renegotiatied under certain circumstances:
  1. The inability by the borrower to pay
  2. Violation of Federal Law
During loan modification:
  1. The rate can be lowered
  2. The term can be lengthened, lowering payments
  3. Payments can be amended
  4. The loan balance can be reduced to a fraction of what the borrower owes
Typical qualifiers by a lender to qualify borrowers for a loan modification would be such that the borrower:
  1. Still has a stable income
  2. Desires to keep the property
  3. Is delinquent in payments
  4. Is up to date on taxes
  5. Has monthly income that still exceeds monthly expenses
What Is a Forensic Loan Audit Looking for?

When you learn that loan modification is an option when you’re trying to sell your home, one of the first things that you’re likely to do is to try to get in touch with your lender to see what can be done to save your home. However, if your lender doesn’t want to work with you, a forensic loan audit can be the thing that stands between you and foreclosure.

There are a number of reasons why this is the case, but here are a few of the reasons why a forensic loan audit will be beneficial:

A forensic loan audit can

  1. identify whether or not the lender followed good faith guidelines when the loan was approved.
  2. identify whether or not you were approved for a larger mortgage than you could afford to repay.
  3. determine whether or not there were any violations of the Truth in Lending act.
  4. identify whether or not there were conflicts with the Real Estate Settlement Procedures Act and the loan that was approved.
  5. show whether or not the borrower was able to benefit from the approved loan.
If any of those issues are uncovered by a forensic loan audit, you will find that you are in a position in which your lender will have to work with you. It’s as simple as that.

Why the lender audit?

.Utilizing the results of the lender audit, and the violations found, can allow ANY borrower regardless of the "Typical Qualifiers", the RIGHTS to Loan Modification AND MORE! The discovery of factual information provided through a forensic audit of the loan can be used as a negotiation tool. Should you choose to seek an attorney (advised), the attorney can use the Audit as a leveraging tool. Any litigation proceedings will be used to FREEZE the lender's current position.

These violations carry EXTREMELY stiff financial penalties for the lender, and can result in SERIOUS legal consequences to the lender, such as forcing the lender to refund ALL interest paid to date back to the borrower.

Loans with illegal terms or conditions ARE NOT ENFORCEABLE!

Foreclosures resulting from illegal loans are also not enforceable. The foreclosure process is STOPPED when litigation on a questionable loan begins. Mortgage payments are NOT required during the foreclosure or litigation process, although depositing the mortgage payment into a separate bank account is often considered a gesture of good will. Speak to an legal advisor for details.

. When presented with the legal FACTS, lenders are apt to provide the most affordable solution when facing their legal options: modifying your loan, foreclosing your home, paying some high-priced attorneys to litigate, or risk stiff federal fines and penalties. And, furthermore, because of the economic conditions and the high cost of foreclosure to the lender, lenders will choose Loan Modification as the most financially sensible option!

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Ryan Pugh, founder
exclusiveprocessing@gmail.com.