mortgage loan auditmortgage fraud audit my mortgagetruth in lending violationsforensic mortgage document loan audit reviewLoan Auditing CompanyStop ForeclosureBest Mortgage Auditsusing a forensic audit in court
 Foreclosure Attorneys 
 

U.S. Lender AuditTM provides case management services for legal professionals and auditing companies.  Preferred by attorneys nationwide, the investigators the company services, has supplied expert witness servicing and forensic mortgage loan audits for over 200 banks, lenders, and institutions.  And, with each file examined by two sets of eyes, our auditors take pride in our unique process.  Imagine, each audited file is then re-examined by another auditor to make sure the first auditor reviewed everything and reported all violations!  No other company compares. 

We are proud to have unvealed a scalable business solution for our Nation's attorneys to help ALL borrowers litigate and mitigate with our Forensic Loan AuditTM   
And, if no SEVERE violations are found, we will issue a full refund, no questions asked! See our full-money back guarantee policy.   With only an estimated 3% receiving loan modifications from 100% of those that are eligable, there is a DIFFERENT approach that can lead to loan settlement, void, or other appropriate recourse, including statutory and declatory damages and relief, and attorney fees.  Let U.S. Lender Audit and its team show you some other ways to approach this ever-changing market with the systems and controls to help you.  From expert reporting to back-office systems for you and your staff, no other litigation support company arms you with most everything you'll want to help create best outcomes!

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 the loan has violations, the lender is required under the law to be dealt with in court in a specific matter of remedies and accounting. From canceling the loan,  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.

With 29 non-judicial foreclosure states, you may need to bring an Original Action requesting specifics to help start your case (Judicial states may appreciate the burdon of proof shifting to the Plaintiff.  This along with knowing civil procedure and frivolous claims can be rewarding in itself.  Get to know how to work with equity vs. contract law).  After meeting the Memorandum of Law and Points of Authorities, and perhaps being granted a TRO, you'll need to consider specific Procedural issues be met correctly, including documents from the Pooling and Servicing Agreement, to the mortgage, note, and more to better understand the "alleged" loan.  Eventually, you'll need to have Substantive pieces to accomodate the law suit.  This is where U.S. Lender Audit's reporting of material defects and violations found in the loan documents themselves, allow presentments that may have otherwise been overlooked.  Depending on where your client is in their case, you may want to consider the audit as a part of a "roadmap" to help with the future structure and design of your case.  

Besides the areas you, the attorney should consider as areas of focus, such as the items found on the "Home" and "Case Law" section of our website, the audit and our consultations and tesitmony can help unveil or provide insight to areas such as:

  • Breach of Contract and Failures of Performance.
  • TILA, HOEPA, FDCPA, ECOA, FCRA, RESPA, UDAP, and more
  • Failure to Establish Conditions Precedent.
  • Failure to Comply with FHA Pre-Foreclosure Requirements
  • Insufficiency of Process.
  • Ailing to properly account per Generally Accepted Accounting Principals
  • Ownership issues, and Conflicting Pleadings
  • Status and Standing
  • Falsified Affidavit
  • Homestead protection and forced placed insurace
  • Illegal and Untimely Assignments of the mortgage
  • Ailing to identify proper parties to the transaction
  • Challengin jurisdiction
  • Lender risk of buying back the loan
  • Lender may be proported and not acting as lender but as broker
  • Exceeding earnings limits
  • Exceeding trust capacity and rules regarding placement and servicing from the Servicing and Pooling Agreeement
  • Was there ever any Value or Consideration received
  • How the mortgage was likely paid in full
  • Note was sold, original being presented likely not current original
  • Premia Facia Evidence
  • Servicer attempting to foreclose is not owner and lacks standing
  • MERS is not an owner
  • True note transfers prevent lost note claims and the Uniform Commercial Codes
  • Real lending and servicing issues, Charter issues, and other areas of RICO
  • Lender cases dismissed for similar reasons in other courts
  • Investor owner loan loss and insurance issues
  • Loan potentially resold many times at face amount in CDOs & Credit Default Swaps
  • Document Custodian issues
  • CDO Manager tranche issues
  • Unclear Trusts and Weather Taxes were Paid
  • Alleged Loan and Alleged Damages do not add up
  • Fractional Lending and Discharges and Void Contracts
  • Potential ratings agency involvement and liability, Errors and Ommissions
  • Foreclosure sale proceeds allocation issues and Double Book Entry issues
  • Misrepresentation, Unfair Dealings, Deceptive Practices, and more
  • Intrinsic Fruad and Extrinsic Fraud
  • Frivelous Claims, Style Changes, Conflicting Pleadings and much, much, more!

    We've recognized many attorneys, unfortunately, are being fooled by companies providing audit reports by using software to identify violations!  The inaccuracies are consistant, and so are the companies using them!  And, we've even heard of Attorneys claiming to audit the files themselves...hmmm?  Well, if an attorney would even make such an attempt, the attorney couldn't testify! If ANY of these software companies would pass our test, we'd be using it! And, moreover, many attorneys don't realize the PASS/FAIL approaches alongside of inaccurate information can dismantle a case.  U.S. Lender Audit provides all of the support, in an exhibit type format for easy identification and clarification of where and how the violation is supported.  Let us help clarify some of the important ways we differ. 

    Think your c
    lient is outside of the normal Federal TILA and RESPA Statutes of Limitations? Statutes can be extended when material ommission regarding truth in lending are discovered.  Addtionally, remember, fraud has no statutes of limitiations and most Plaintiffs bringing a claim to your clients don't have legal standing in the first place.  We understand many attorneys don't pragmatically know how to build a case and hardly know the best ways to navigate through litigation, especially with mortgage fraud.  Call and speak with one of our expert members today.  


Applying for "Loan Modification" or already modified loans may provide more leverage to the lender, as it is acknowledgement by the of an admission of a "debt", that may not be most suitable for it's applying party.

Of an Estimated 2,965,980 Homes with ELIGABLE Mortgages, only 12% have been GRANTED a Modification Plan -source: Dept. of Treasury 2009.

Only 3% of Approved Modifications result in lower payments and better terms for a the allleged borrower!

Of ALL the modifications, Nearly 60% re-default within the first six months! -source: Office of the Comptroller April 2009

Your clients should know their rights.  Lenders seem to be covering up their tracks, by incentivising the servicers and the mortgage industry to get borrowers to sign up for loan modification.  Protect their rights! Consider a Forensic Loan AuditTM before you sign on the bottom line for any such loan modification.  Know why the HOPE NOW program along with the Emergency Economic Stabilization Act of 2008, "the $700 Billion Bailout" could be the greatest cover up to the improper events and violations that the lenders don't want your clients to know!  Lenders eager to cover up wrongdoing are likely to offer modifications that include clauses releasing themselves from liability and removing all of the borrower's defense, claim, counter claim, or any other defense against the lender should a lawsuit or foreclosure occur. 

Doing loan modifications as an attorney? 
Do you really understand the best methods to deliver results.  Do you know how to form your case properly.  Do you understand you are likely committing malpractice???  Do you realize what could be seen as Predetory Loan Modification, and your business may be at risk! Are you providing the necessary disclosures and disclaimers regarding these "contracts"?  Do you really know your client?
Did you disclose to your client that violations may exist in their previous mortgage that could give them opportunities for negotiating better terms?  Have they signed a "WAIVER" specifying you've given them the opportunity to have our mortgage document review or forensic loan audit, and they've declined;  Or, that you've disclosed such and they understand their rights to have the mortgage loan analysis completed?   We are trying our best to help make this a practice and industry standard, as failure to disclose such to the borrower may result in liability. Give your client valuable consideration before signing onto a loan modification.   Make them aware of their rights before giving them away!

Why "Loan Modification" is Not Working.
  
Did you ever realize the company providing loan modification likely has no status or standing to even do so!  Now, as an attorney, would you like to understand a different approach?  Morevover, is there a possibilitiy that the market has shifted from predatory lending to predatory modifications???

The real reason why "loan mods" are thus being routinely rejected is pure and simple "balance sheet economics". A bad loan is a liability on a lender's balance sheet. A "modified loan" is just a lesser example of a loan which is already a liability, and a modified loan does not result in any money to the brokers, appraisers, trustee sale companies, or foreclosure mill law Firms.

By foreclosing and obtaining a money judgment (for the amount due on the note) and the property, the "bank" turns a non-performing liability into a two-tiered asset in the form of a receivable (the amount "due" from the borrower per the Judgment), and a tangible asset (the property) with its inflated value as the result of an inaccurate or outright false "broker price opinion" (BPO) which was prepared by the "bank's" broker on nothing more than a "drive by" of the property (that being no interior inspection for defects, necessary repairs, wear and tear, etc.)

Recent reports show that Freddie and Fannie own and guarantee 45% of all of the mortgages in the United States - $4.8 trillion worth of mortgages. However, with the mortgages they actually own and hold on their balance sheets, provide a face value of $1.7 trillion. They hold these assets with only a about $70 billion in "core" capital.


With a combined leveraged ratio of 24-to-1, a 5% loss in the value of their mortgages would wipe out 100% of the equity in each firm. Looking beyond their balance sheets to their off-balance-sheet guarantees, you see that they're actually leveraged 68-to-1.  Thus a 1.4% decline in the value of their total on- and off-balance-sheet would wipe out shareholders.

These high leverage ratios lead to bankruptcy as seen with companies like Lehman, Bear Sterns, Freddie, Fannie and just about every banking institution. Yet, while the government has been busy policing the rest of the financial markets, it has overlooked a time bomb under its own umbrella... the Federal Housing Administration (FHA). 

According to the Wall Street Journal, an undisclosed Housing and Urban Development (HUD) audit shows the FHA's cash reserves may fall below its congressionally mandated 2% of insurance liabilities by year's end. 

The FHA is levered 50 to 1 - more than Bear Stearns on the eve of its crash. Its loan delinquency rate - more than 30 days past due - is over 14%, around two to three times higher than conventional mortgages. And its cash reserves have fallen by more than two-thirds in three years. The reason is reckless underwriting... From 2006 through the end of next year, the FHA's portfolio will have expanded to $1 trillion from $410 billion. Today, 25% of all new mortgages carry an FHA guarantee, up from 2% in 2006. And between the FHA, the Veterans Administration, Fannie, and Freddie, taxpayers now guarantee 80% of all U.S. mortgages. 

According to sources familiar with the HUD report, mortgage default rates are worsening the quickest on the most recent loans.

Click Here to get started!

You may consider a preliminary forensic loan audit using the documents received from the borrower (copies from their closing).  This can ensure that specific concerns, along with found violations/exceptions or the possibility of them, can then be determined for more qualified results of a RESPA request or Demand.  Once we supply you with the audit, you or your client can send a RESPA certified Qualfied Written Request or Demand Letter to receive further documentation for discovery and an a final audit (should you desire).  See a  SAMPLE RESPA or "Qualified Written Request" letter.  NOTE: This letter does not include SPECIFIC exceptions/violations and is a SAMPLE.  Consider sending the QWR on your letterhead for better results. 

Moreover, with recent legislation showing strong signs of bankruptcy modifications, the U.S. Lender Audit provides the common grounds for remediation and fair assessment through Chapter 13 modifications.  Now, attorneys, trustees and judges finally can readily understand the structure of the loans, its origination and underwriting of the lenders and the consumers and parties involved with each transaction. Because the audit application and report is 100 percent neutral and objective, focusing equally on both sides of the transaction, it carries unsurpassed credibility with lenders and borrowers, a powerful tool trustees can use to encourage opposing parties to negotiate a resolution, new loan structure or loan settlement.

VIEW VIDEO FOOTAGE. CLICK HERE!
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Sample Forensic Mortgage Compliance Audit 

What happens during the Audit? Click Here


WE STRONGLY SUGGEST A PRIVATE CONSULTATION with the U.S. Lender Audit expert team of Auditors, Specialists and Pro Se Litigatates, to help better understand your cases and provide powerful insight and strategies. Our professional and accomodating channels gives your firm the ability to build an important and effective service within your practice and the knowledgebase to help you successfully navigate through each unique casefile. Get started today!  

Keep informed by visiting http://uslenderaudit.com/loan_settlement_and_defense_blog/

HAVE AN "AUDIT COMPANY" YOUR WORKING WITH?  
TEST YOUR "AUDITOR" HERE!
Let U.S. Lender Audit show you specifically what they missed, or their failures/inaccuracies as to their  
findings.  
We know that
NO OTHER REPORT COMPARES.  Do you?   
We GUARANTEE
if we don't find something they've missed,
or give you the specifics of the inaccuracies/false claims in their report,
 
We'll Provide You with a FULL REFUND! 


The difference of knowing what is evidence and what is suspect is imperative for next steps! Ask to be invited to our FREE regularly scheduled online forums, where we show you ALL the specifics to better understand why we are the "Most Trusted and Reliable Loan Audit Company" in the industry!   Call today to reserve your spot and attend this week!

According to the Truth in Lending Act even a small mistake with calculating the borrower's annual percentage rate could be an actionable violation, enabling the borrower to rescind the loan. Therefore, the threat of a lawsuit is often sufficient to persuade an otherwise uncooperative lender to negotiate an attractive work out with the borrower. Because the Truth-in-Lending Act (TILA) requires all attorney fees to be paid by the predatory lender (in which a new servicer is now the responsible party ), cases can settle out of court quickly.

Violiations per RESPA 6 law noted through a certified "qualified written request" provide a timely response by the servicer.  Federal and State laws specifies that the servicer has 20 business days to acknowledge receipt of the request, and 60 business to try and settle. It is during this time, where your negotiations and defense will play a key role towards a timely loan modification, settlement, or other foreclosure defense. 

Protection of Credit Rating
During the 60-day period beginning on the date of the servicer's receipt from any borrower of a qualified written request relating to a dispute regarding the borrower's payments, a servicer may not provide information regarding any overdue payment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency (as such term is defined under section 1681a of title 15).

Using violations in the audit along with other areas of fraudulant discovery may allow litigation claims such as: Slander of Title; Fraud (Material Misrepresentation); To Void Contract Based on Impossibility to Performance (CA Civil Code 1411, 1511, 1595 et seq); To Cancel Deed of Trust; Breach of Fiduciary Duty, Violation of CA Business and Professions Code Section17200 et seq;Intentional Infliction of Emotional Distress; Declaratory Relief; Injunctive Relief; Restitution (Unjust Enrichment)

 

 

U.S. Lender Audit's exclusive  report is formatted so it is easy to read, revealing ALL violations of Federal, State, County and Municipal Code including RESPA, TILA, HOEPA, ECOA, GBL and Tangible Net Benefit, detailing EVERY VIOLATION, their severity, and the specific Code in violation.

Our forensic loan audit services are designed to include servicer violations and best practices to find collection or FDCPA violations.  From pre-funding, including state and broker violations, to post funding, pre-foreclosure, foreclosure and bankruptcy, our audit reports are the ONLY audits specifically designed to cover it ALL at one low price. 

Additionally the company's reports are a result of forensic audits done by hand by our auditing experts and reverse engineering of loan parameters to determine infractions of State Lending Fairness Guidelines and Predatory Lending laws

This report serves as the centerpiece of a well developed case plan for a client's legal representative to initiate negotiations with a lender on behalf of the homeowner seeking relief from potentially predatory practices.  Possible outcomes include mortgage modifications with lower interest rates, longer payback periods, reduction of outstanding principal balances and in some cases - loan recision with credits back to the borrower of all interest paid, loan origination fees, applicable lenders fees, penalties, and attorney's fees.  

Perspective clients include homeowners who are:

  • At risk of losing their home in foreclosure proceedings
  • Subject to Mortgage servicers attempting to "fastrack" homeowners into the Federal "Hope Now" loan modification guidelines
  • Homeowners meeting mortgage payments on "defective mortgages" while depleting retirement assets, personal assets or other equity sources without considering recourse claims and other options

Contact Us Now! 

 

ATTORNEYS BEWARE:  There are several companies trying to get into this space, and providing inaccurate information, that can easily be dismantled. We are finding they are not bringing to the audit sound information.  They are issuing regulation findings that apply for today's loan environnment, not applicable to when the loan was funded, and making assumptions to possible violations, not evidence.  We are very black and white!  The audit should be sound, make no assumptions, and be clear and concise.  Accuracy is everything.  Your license and reputation depends on it.  Remeber, software is what brought the Mortgage Debacle.  In 2001, compliance went computerized to DESKTOP UNDERWRITING, and we know the outcome when real compliance is lost.  Compliance should NEVER be EASED!  Don't be fooled twice.

Audit typical  turnaround time is only 5-10 business days! 

Memberships INCLUDE:

  • ALL Access Pass for You and Your Key Personnel (Up to 3 Key Personnel)
  • Orientation and Training Fee- WAIVED:  
  • Special Bundle Pricing: MEMBERS ONLY who complete Orientation and Submissions Training
  • FREE Invitations to Regularly Scheduled Online Events and Learning Channels
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    ANY / ALL YOUR FILES (regardless of Auditing or not!)
      
  • FREE TIFF Coverted Files for REAL TIME LEGAL EXHIBITS / PDF Always Available

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NO Other Audit Provides a More 
Complete, Comprehensive and Accurate Forensic Analysis! 

Now, you can control your costs in all market conditions with our scalable solution. U.S. Lender AuditTM provides the most flexible and accurate outsource audit solution available anywhere.  

U.S. Lender AuditTM can also provide the volume capacity you seek when "filtering" new client cases.   

Deliver an impressive and comprehensive report that will determine the validity of the case and provide a roadmap on how your firm could proceed with your client. 

  • Reduce Valuable Administration costs of wasting staff time auditing loan files
  • Use third party experts rather allowing a neutral and more applicable case findings, rather than in-house staffing and additional overhead.
  • Concentrate on tangible, billable items
  • Stay ahead of your competition
  • Become part of our Attorney network to drive in more potential clients
  • Increase Revenue Potential
  • Increase Customer Loyalty
  • Lititgation Process and Recourse made Simple
  • Rapid Turn Around Time - Typically 5-10 business days
  • Document Retrieval, Imaging, and Indexing Services available through U.S. Lender Audit's Processing Division.  Free Combonation (Fed Ex shipping and Scan and Index for a small fee).  Stacking Order Available.  Real Time Secured Access to ALL your files. 
  • 90-day low priced re-run should additional documentation be retrieved to check for additional violations or changes in audit findings.
  • Scalable and Affordable
  • Law Firms with Exclusive Agreements will receive Special $695 Introductory Audit through Tier Pricing After Training and Orientation or with bulk orders or fulfillment requirements.  Exclusive Agreements will have discounts available for other training and learning channels and litigation support, consultations and more. 


    Still Have Questions?  Join us during one our regularly scheduled open live webinar and teleconference broadcasts.  Limited to only 30.  Please book ahead of time by calling us now or CLICKING HERE to see some of our scheduled events!
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RECENT FILES AUDITED:

ACTUAL AUDITOR NOTES:This is a Hybrid Option Arm loan that allows 120% negative amortization. The servicing
disclosure was in the file, however, the initial Good Faith Estimate and the initial Truth in
Lending disclosures were not in the supplied documents. As all three of these documents are
required to be disclosed to the borrower within 3 days of the application, there is some
evidence that this may not of occurred. Additionally, this loan allowed a negative amortization
that would bring the loan balance to exceed the appraised value.

ACTUAL AUDITOR NOTES: In section One of the Note "1. BORROWER'S PROMISE TO PAY" the principal amount was blank. This would indicate that there is no consideration provided for this loan. The documents
provided included a "Limited Power of Attorney" to correct paper work mistakes. However that
POA excludes changes in the loan amount or terms.


ACTUAL AUDIT NOTES:The audit report produced a number of loan exceptions. Most of the exceptions were produced
because of the limited number of documents provided in the audit. This was a stated income
loan. The application provided show the previous housing expense at $2600.00 and the new
housing expense over $9000.00. This payment shock is unacceptable without some
explanation by the underwriter as to how the borrower was to meet this obligation. This loan
should not have been made.


ACTUAL AUDIT NOTES: This transaction was a ten year interest only First Lien Mortgage Loan. The amount of the loan was $279,500.00. This amount is within the conventional limits and is covered by the State or Federal Home
Ownership Equity Protection Act.
This loan was made for a new home built by Lennar Homes. Lennar Homes
also owns the loan
origination company, the lender and the title company used in this transaction.
The documents provided did not include a notice of Affiliated Business Disclosure required when two or
more of the participants rendering services on a home mortgage are related by ownership of 1% or
greater.


Controlled and Affiliated Business Arrangements (ABA)
An "affiliated business arrangement" (ABA) or Controlled Business Arrangement is defined in RESPA as
an arrangement where a person who refers settlement services has an "affiliate relationship" or "an
ownership interest of more than one percent in a provider of settlement services."


Why an ABA not disclosed a RESPA Violation
HUD tacitly understands that there are circumstances where a borrower's interests are best served by
working with entities who "bundle", or package, services. If the process results in lower costs for the
borrower, it is obviously advantageous to use a provider who can add value. For HUD, the concern is in
areas where the borrower ends up paying more, not less, for services. The Controlled Business
Arrangement is a circumstance where, if unmonitored or unregulated, borrowers could be steered to a
provider which does not add value, but adds cost, where upon in this circumstance both the loan
originator and the lender charged origination fees causing a higher cost to the borrower.
This transaction violates RESPA 3500.15


ACTUAL AUDIT NOTES: The borrower's did not show on their application sufficient funds to close the loan. There is no
explanation for the additional funds. The payment shock on this loan was three times the
amount that the borrower had been paying. This in addition to the poor payment and credit
history of the borrower, made this a questionable loan and the lender should not have made
the loan.


ACTUAL AUDIT NOTES: This is a 30 year adjustable rate mortgage amortized over 40 years with a balloon payment at
the end of 30 years. The HUD-1 provided in the review was changed and "penciled in" without
any acknowledgment by initialing by the borrower. The review package also included only one
copy of the borrower Right to Cancel. Two copies are required by the TILA law. Additionally,
the GFE estimate provided at closing indicated the loan term was 480 months with and
amortization period of 480 months. This was wrong as the term was 360 months and
amortization period of 480 months. The fees charged by the broker were excessive and are
indicative of an loan transaction provided to benefit the broker over the needs of the borrower.


ACTUAL AUDIT NOTES: This is a 3/27 adjustable rate loan that refinanced with cash out a previous
loan that had only
four months of seasoning. The borrower had good credit with a mid score of 717.
While legally
permitted, this loan had excessive broker fees ($14,700.00) and the borrower could have
possibly qualified for a fixed rate product with a similar interest rate and loan terms with lower
fees. The broker would have difficulty passing the RESPA test for justifying the work that the
fees represented.


ACTUAL AUDIT NOTES: The Notice of Right to Cancel was not completed. The notice did not have a rescission date. This loan may be rescinded.


ACTUAL AUDITOR NOTES: The file contained only three copies of the "Borrower's Right to Cancel", there should have
been four copies or two copies for each borrower. The loan was originated by the borrower as
the borrower was a loan officer for the lender. This is not an industry "good practice" and
should have not been allowed. The borrower also provided a letter to the lender detailing the
reason for the refinance. The letter claimed the borrower wanted to replace their adjustable
rate mortgage with a fixed rate mortgage. This was a refinance of an adjustable rate mortgage
with a new adjustable rate mortgage. As the cost of the refinance was going to increase the
overall housing expense, it is difficult to understand how there would be a "net tangible
benefit" to the borrower.


ACTUAL AUDITOR NOTES:
This was a re-finance of an existing mortgage loan. The Right of Rescission or the Right to
Cancel provided in the file did not have a rescission date. Additionally only one copy was
provided. Under the TILA law, in a consumer refinance transaction, two copies of a disclosure
of Right of Rescission, disclosing the process and the date in which the borrower must exercise
that right, must be given to each borrower at closing. Based upon these documents, the TILA
law was violated and the borrower can rescind the loan. There is a Failure on the HUD-1 as
both the originator and the lender charged processing fees. It is sometimes common to see the
lender charge a small document review fee, but this was not the case. The deed of trust has
the borrower as a married woman. California is a community property state and the spouse
should have a right of rescission disclosure. This was not in the file.

The file contained only one copy of the right of rescission. The copy was not complete. It failed
to show the date of the transaction, or the date of the truth and lending disclosure or the date
of receipt of the Right to Cancel Notice. It also failed to show the date by which the rescission
period expires. Additionally, because California is a community property state, there should
have been two notices for each borrower or both married individuals. The application did not
indicate the borrower income, this would indicate a high level of irresponsibility on the part of
the lender as this would mean the lender accepted the borrower with no income.

The borrower was not qualified at a higher interest rate.
The borrower's interest rate, currently, and at the time of Application is 7.500%.
Debt-to-income ratio is very high at 7.500% and can increase to 10.500% in June
2009, and can increase 1.00% each year thereafter. The borrower was not
qualified for the interest rate ceiling of 13.500%.

The Adjustable Rate Mortgage Note includes inconsistent
mortgage terms.The loan documents indictate that the interest rate will adjust annually based on
a 6-month LIBOR index. Based upon industry standards and accepted practices,
the index should match the frequency of the interest rate adjustments, in this
case, the index should be a 1 year LIBOR.


It appears that the borrower was charged excessive fees at
closing. For each loan, the borrower was charged 4% for origination fees on the HUD-1
Settlement Statement. However, on the Good Faith Estimate, the 4% total fees
included origination fees, discount fees, and mortgage broker fees totaling 4%.
The HUD-1 does not differentiate the individual fees from the origination fees.

Mortgage Affordability Estimates-This was estimated by using the income stated on the
loan application.According to this estimate the borrower could afford to purchase a house
valued at $245,531 at the initial rate of 7.500% and a house valued at $159,294 at the ceiling
rate of 13.500%.

Based on the information provided in the file the borrower would need to have a yearly income
of $135,597.28 inorder to qualify for this loan. The borrower's income as shown on the loan application
is $9,840.84 per month or$118,090.08 per year.

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Not Legal Advice

The information presented on this Web site is not to be construed as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to assure that this information is up-to-date as of the date of publication. It is not intended to be a full and exhaustive explanation of the law in any area. This information is not intended as legal advice and may not be used as legal advice. It should not be used to replace the advice of your own legal counsel.

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