Topics of Importance
- How To Use
- Borrowers
- Mediation
- F.A.Q.s - Frequently Asked Questions
- Value of Mortgage Analysis
- Judicial Vs Non-Judicial
- What Makes Us Different
- Can "Anyone" Perform a Mortgage Analysis?
- Evidence Vs. Hearsay
- Malpractice Issue Facing Attorneys Resolved
- What is Stepped Pricing?
- IRS: Foreclosure & Debt Cancellation
The Value of Mortgage Analysis Services
You have a client facing pre-foreclosure, foreclosure, bankruptcy or loan modification negotiations. The case is moving sideways on the loan modification process and fast tracking towards foreclosure. You're an experienced attorney or loan modification professional. You want the borrower to gain an edge. You want the borrower to perform a forensic loan analysis that can be used for both the loan modification negotiation and the legal process.
The value of credible mortgage analysis is to clearly establish where both parties stand. Coming into the foreclosure stage, the Lender is going to seek Summary Judgment in court stating there are no material facts to challenge or prevent the judgment of foreclosure being issued without the process of discovery and a Judge conducting their own trial. The Lender expects to submit their side of things and have their accounting and claims be accepted and ruled upon, just like that.
If your lender is a predatory lender or one in violation of Congressionally legislated government agency regulations, you can stop them in their tracks. If your loan has violations, the lender is required under the law to be dealt with in court in a specific matter of remedies and accounting. You may even have the right to roll the loan back to it's original loan amount and cancel the loan, apply all payments made to principal reduction, further reduce principal by the amount of closing costs and title charges paid, receive statutory, civil and actual damages as well as attorney and court costs.
In foreclosure, the statute of limitations in terms of the borrower gaining financial claims to offset lender claims in the form of defensive recoupment is extended out for as long as the borrower owns the property.
Many predatory lenders are actually foreclosing on properties they have not properly established ownership. Lenders that have used mortgages to gain tremendous profits by selling and reselling the same mortgage, upgrading borrowers credit to earn more in those sales and eventually seeking to foreclose and strip all the equity for themselves. Credible mortgage analysis can identify these areas for the court and when an expert is provided to meet the standards of evidence being allowed into court, can shift the burden of disproving the findings, on the Lender.
Most lenders will not answer discovery. They would rather settle. Good settlement for a borrower who wants to keep their home means a good long term loan modification with equity in the property, a low fixed interest rate, abandonment of all the excess charges and a payment linked to real earnings, not fictitious income. When a borrower wants to sell, good settlement is a deed-in-lieu with no summary judgment.
Turning the tides requires producing material issues in a non-objectionable form, by an expert third party, submitted into evidence and made the basis of seeking violation remedies that empower the borrower and not the lender.
Finding and using a vendor such as FPG-USA whose evidentiary compliance analysis systems are patent pending, meaning they exclude competition, are performed online to the highest caliber of examination integrity and come with a qualified senior forensic expert that is available to you, at a price that is a fraction of the cost of other more cumbersome and problematic service and also allows you to charge your own fees and still be affordable to your borrower, is exciting. Being able to consult with a firm who can answer your questions when you need them answered, and receive stellar customer service is icing on the cake. This is the FPG-USA experience. Feel the power.
