F.A.Q.s - Frequently Asked Questions

LCA Automated System
• What if I don't know or am confused about an answer? Go
• What if I performed the examination incorrectly but ordered a Report and/or Rescission Package? Go
• What if LCA does not cover my loan, or I want more leverage? Go
• We are submitting your LCA Report at a hearing. Should we get a notarized verification affidavit?Go
• Who issues an attestation on a TILA Audit?Go
• What is the FPG-USA TILA Certification?Go
• Expert Witness ProcedureGo

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Q: What if I don't know or are confused about an answer?
A: Stop. Send us an inquiry email. We may be able to answer our question simply for which there is not charge. If the question requires an analysts involvement, for example, to review documentation or issues, you may be required to pay a per inquiry fee as established. If you continue on and complete the test, employing error on the input, you will pay the fees but your issuance will be based on input errors and therefore will not be useful to you. Do not waste money, stop and email us, or stop and do the research, then go back and continue when you are sure of the question, answer and documentation supporting your answer.
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Q: What if I performed the examination incorrectly but ordered a Report and/or Rescission Package?
A: In performing the automated LCA System, the object is to basically do-it-yourself and save money, as well as time. The savings is that of a full pro-audit by FPG-USA which entails sending the documentation by email, snail mail or fax; our performing documentation review, digitizing and running the examinations; then appropriately including a certification; and sending you a copy of the documents used for your records along with the issuances. If you tried to do this on your own and failed for whatever reason, your choice is to order a pro-audit and have us do it for you. In most cases, we will credit you amounts paid in your attempt to do it yourself, so that you only pay the difference. Because the issuances are not subject to change or modification after they are run, the process involves an entirely new audit, from the beginning, performed by FPG-USA. For this reason, and in some cases, some portion of charges paid in the do-it-yourself process may not be credited against the pro-audit. For example, per inquiry consults.
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Q: What if LCA does not cover my loan, or I want more leverage?
A: The strategy in fighting foreclosure is to throw everything you have as a borrower against the lender from the outset. What will wind up sticking, may be less than all the affirmative claims and defenses a borrower has against a lender. In all cases, an LCA System rescission or loan cancellation is a powerful claim and should always be included if applicable because it includes mandatory remedies that courts must follow. FLD on the other hand, is capable of producing material issues that undermine the very ability to foreclose and shed light on securitization issues of loans that have been sold into pools of investors. Click on the FLD link in the left menu of our website for more information.
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Q: We are submitting your LCA Report at a hearing. Should we get a notarized verification affidavit?
A: The courts have computers and if they go to FPG-USA's Issuance Verification link we provide on issuances, they can verify it themselves. That's the way to go, it brings the Judge or their assistant to the website and they invariably cruise around. We're a credible resource and they can see that from the site. You can always "offer" but directing them to the site is the best thing. It helps, especially since you will find yourself dealing with the same judges in many cases.
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Q: Who issues an attestation on a TILA Audit?
A: In an LCA TILA Audit Report, input and yes/no questions are answered by the Borrower. Attestation may be required or desired. FPG does not include this form in the Report in case the one submitting the report does not want to include that for whatever reason. If you want that, simply draw up the one page document and have it signed to your satisfaction. For example:

ATTESTATION AFFIDAVIT
I (We) attest that all the information submitted in the accompanying report is accurate and true to the best of our knowledge. I (We) are authorized to execute this form in accordance with [the Title, Chapter, Part and Section of your State's Administrative Code, if applicable]. (Remember that all parties to the loan must sign this affidavit.) Back to Top

Q: What Is The FPG-USA TILA Certification?
A: It requires an FPG-USA expert to review the documentation used in the audit and confirm the NUMBERS. You can scan and email this to FPG-USA or fax it and FPG-USA will digitize it. Do this AFTER payment has been made. The certification will reference the written undisputable elements of the input sections of the audit process. The yex/no question and answer section requires an Attestation by the Borrower. We recommend Certifications only be performed in response to a court recommendation, insistence by the lender or a court order. Why waste the money otherwise. We recommend in the submission process of the FPG-USA issuances, that you include copies of the documentation, perhaps highlighted with a yellow marker in appropriate places where the information was referenced on the documentation. Back to Top

Q: Expert Witness Procedure
A: Schedule to block time off via an email. You will receive confirmation email. Log into your FPG-USA Admin area, into the pricing section and find the payment link. Pay for the service. The expert will review your case, make the necessary notes and do the research if required to your State's laws and be ready for the interview and cross examination if applicable. As with any expert witness, when the work is done and the time is blocked off, the charge is earned; even if the judge at the last minute or for any reason the expert is not called. The nominal per inquiry charges are made each time you require a witness. In most cases, such as TILA Audits whereby the written documentation supplied by FPG-USA is written and in undisputable form in terms of statute references, issues of cross examination and challenges often pertain to the Borrower information entered in the question and answer section. Therefore the Borrower Attestation referenced above may become pertinent and applicable to use. This is a judgment call FPG-USA leaves up to the Client. Back to Top

Have questions? Email us.