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Forensic Lender Discovery
Stage Three - Final Review, Full Evidentiary Findings Report
The Stage Three process is rarely reached in a residential loan process. Lenders typically avoid this last stage at all costs. Upon submission of undisputable written evidence that a State Three Full Evidentiary Findings Report exposes, the burden of proof to overturn the conclusions is on the lender. Because of the involvement of a credible third party mortgage analysis firm, the lender is likely not to submit false, misleading or fraudulent affidavits, reporting and evidence. Getting to this stage is very unlikely. However, this is what we at FPG-USA call the "Golden Goose" stage. The findings and written evidence against lenders that do supply everything asked for and have not settled to this point, put the borrower in the position to be the recipient of the golden egg. That goes for the borrower's attorney as well because of attorney fee awards upon winning the case.
In this stage it is likely that thousands of pages of documentation will be acquired and scoured to produce damning evidence that is undisputable. The reporting process will catch the lender and parties that have lied, submitted false statements, affidavits, misrepresentations, fraud and in many cases also produce frivolous lawsuit charges because of the findings. The lender's attorneys are supposed to know the facts mortgage analysis reporting uncovers.
It is at this stage that a borrower can receive huge offsets, even to the point of negating the balance owed on mortgages. When all is tallied up and counted, lender hidden profit operations are thoroughly exposed and the biggest risk, that of the lender buying back the mortgage from the investors is a morbid probability. Worst of all, the Trustee of the investor trust may decide to test other loans for the same defects exposed in a successful full evidentiary findings report and this opens the possibility of the lender being face with automatic buy backs of many defaulted loans, not just this one.