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Forensic Lender Discovery
What is mortgage toxicity?
Some examples of the types of toxicity an FLD Assessment and Reports might produce or bring into questions might be finding evidence that:
- failing to properly account
- ownership issues
- falsified affidavits
- Homestead protection
- assignments of the mortgage
- failing to identify proper parties to the transaction
- the court does not have jurisdiction in the case
- lender risk of buying back the loan
- lender not acting as lender but as broker, exceeding earnings limits
- dual track issues
- the mortgage was actually paid in full
- note was sold, original being presented is not current original
- servicer attempting to foreclose is not owner
- MERS ownership issues undermined
- current Note owner not identified
- true note transfers prevent lost note claims
- predatory lending and servicing issues
- similar lender cases dismissed for similar reasons in other courts
- investor owner loan loss insurance issues
- loan potentially resold many times at face amount in CDOs and Credit Default Swaps
- Document Custodian issues
- CDO Manager tranche issues
- potential ratings agency involvement and liability
- foreclosure sale proceeds allocation issues
- misrepresentation
- intrinsic fraud
- extrinsic fraud
- Frivolous lawsuit