Dallas Auditor .com

Many of the mortgages funded between 2002-2007 contained irregularities and many were unlawful. During that period, underwriting guidelines took a back seat as lenders in their greed made loans that under normal circumstances should never have been approved.

Your loan may contain violations and may be unlawful. And if that is the case you may be entitled to substantial damages whether you are current on your mortgage or if you are facing foreclosure. The rules are the same. The law does not differentiate. It is estimated that over 85% of mortgages funded during this time period contain some type of lending violation. The purpose of a forensic loan audit is to look for violations of federal and state lending practices.

A Forensic Loan Audit is made up of a thorough review of your most recent mortgage loan package. All documents are examined, particularly the Note, HUD (Closing Statement), GFE (Good Faith Estimate) and a wide assortment of other legal documents making up your loan package. The purpose of the audit is to identify any illegalities performed by the lender, their broker, or other parties to the loan. During the audit process, a professional should review your loan to make sure that it meets all legal steps in effect at the time the loan was funded.

Why is this audit so important? This simple and straightforward answer is, loans must be legal to remain enforceable by the lender. Loan violations are serious offenses of federal laws and lenders may face stiff fines and penalties for breaking the laws. For the most part, lenders and banks are firms run by reasonable business people. Begrudgingly, they understand the financial mess they were instrumental in creating, and want to avoid any possible large fines or being faced with expensive litigation.

How does the average home owner benefit? Violations are like bullets being loaded into a gun, used by the audit team to argue your case with the lender. As a rule, the more violations, and the more severe those violations are, the better your chances of obtaining a favorable settlement is going to be. This settlement may include punitive damages, attorney fees, lower monthly payments, a principal reduction, a delay or prevention of a foreclosure sale and more.

There is a saying with universal application that states that a person who elects to represent himself has a fool for a client. This is not the time or the place to try to test out your negotiating skills. There is far too much at stake. Your best course of action is to hire an attorney who is skilled in mortgage lending and real estate law. And particularly one who knows and understand the forensic audit principals. He or she will determine the proper course of action. If your loan is found to contain irregularities and is considered unlawful you may be entitled to compensation and other awards. At worst, you can be assured of an attractive loan modification on terms more to your liking.

The penalties for failure to comply with the Truth In Lending Act and other sections of the regulations as they apply to mortgage lending, can be substantial. A creditor who violates the disclosure requirements may be sued for twice the amount of the total finance charge on the loan. In the case of a home mortgage, this can be a very significant amount.

Your home and your familys welfare are too important to leave to chance. A forensic loan audit may uncover certain irregularities which in turn will give your legal negotiators the ammunition they need to work out a favorable loan modification program for you. At the end of this process; homeowners who have been the victims of predatory lenders, can rectify a great deal of the damage done to them. Including, resetting the terms of the loan to a lower interest rate, eliminating any back due amounts, restoring their credit history and saving their home.