Lender Compliance Analysis
What is Lender Compliance Analysis ℠ (LCA)?
The Forensic Loan Audit
FPG-USA Video: The Process, Benefits, Examples and Strategy of LCA TILA-RESPA-HOEPA Audits. (10 mins.)
Examines existing mortgage loans for violations of governmental regulations such as Truth in Lending Act ("TILA"), Real Estate Settlement Procedures Act ("RESPA"), Home Ownership and Equity Protection Act ("HOEPA"), Unfair Deceptive Acts and Practices ("UDAP") modeled on the Federal Trade Commission Act Section 45 that is represented in varying degrees in all 50 State's consumer protection acts.
Borrowers that benefit most from LCA examinations have non-purchase money personally secured loans on primary residences. On loans originated within the last three years, the most powerful remedies include loan cancellation which negates all default loan servicing charges and deducts all payments made by the borrower from principal, then refunds the closing costs. Attorney fees and court cost claims are included, as are damages. On loans originated over three years ago, cancellation is not an option but the financial claims are still offsets against lender claims in the form of defensive recoupment.
The above remedies can turn the tide of a foreclosure or loan modification negotiation. Borrowers can gain tremendous financial credits, get out of a bad loan completely, provide significant offsets against amounts due, and also promote a serious settlement negotiation with the lender/servicer if the borrower is attempting to modify the loan, perform a short sale or deed-in-lieu. Refusal of the lender to cooperate in the tender offer process have been known in some cases to dissolve the mortgage obligation completely. See one recent case
LCA System services can be performed by the client in an online patent protected automated system which provides immediate delivery, substantial savings and an easy to use turn key administrative management solution. FPG-USA also offers the traditional manual compliance analysis services.
