What are things I should avoid?
Things to avoid in hiring/using FPG-USA testifying expert's services.
You must be a party to a foreclosure to battle it.
You must be a property owner, mortgagee (borrower) or a party authorized and lawfully representing that party in order to have the legal rights to defend your foreclosure in court. Introducing an Assessment of issues will not give you rights or authority and a court may consider it impertinent to try and do so when you are not a party in the foreclosure.
FPG-USA only performs expert witness work for homeowners represented by counsel.
We may consult with a borrower prior to their retaining legal counsel if what they are looking for is our assessment of the case for the purpose of their retaining counsel. We do not provide expert witness work for Pro-Se homeowners who wish to litigate for themselves. Pro Se litigants are not authorized to take an FPG-USA issuance drawn to an attorney and represent themselves in court with it.
Do NOT refer to your FPG-USA expert as a "Certified Forensic Loan Auditor" (CFLA) or "Forensic Loan Auditor" (FLA) . FPG-USA"s testifying expert Richard Kahn has repeatedly repudiated the credentials and reputation of CFLA or FLA auditors throughout his FPG-USA years as testifying expert. Those folks take a 24 hour and/or a 16 hour course upon which they base their claims to be "Certified". The courts have widely held there is no such thing as a Certified Forensic Loan Auditor (in Norwood v. Bank of America N GA). Mr. Kahn gained his experience over 40+ years working in the industries he testifys in. CFLA and FLA auditors have suffered terrible reputations. FPG-USA and Kahn have had NO supporting or co-operating communications. Kahn has never submitted himself to any CFLA or FLA education or resources, either as a recipient or a donor. Kahn denounces any claim of association with any CFLA or FLA organization or auditor.
Don't submit an Assessment to win a case. Assessments are not for use in court. Declarations of Preliminary Findings may be used by legal counsel to introduce your expert and the issues but they lack the evidence required for consideration prior to trial. Courts will find it improper, impertinent or otherwise dismissible when submissions attributed to your expert do not meet the Rules of Evidence requirements. If it says evidence can be provided, it's not a full investigation suitable for submission into a court case under the Rules. FPG-USA offers full investigations with evidence for use in these circumstances.
Don't misstate or misrepresent issues or facts in hiring your expert. When the expert relies on misrepresentations, it undermines the work and will likely be discovered in the court case. The result is that you will not benefit and your expert may not sustain their work. Be absolutely truthful 100% of the time with your expert.