We also request lenders to provide specific documentation as stated in our QWR and Addendum that will allow us to review, document and validate potential claims relating to Proof and Validity of Debt, Name and Address of Note Holder, Trust Ownership, Trust ID, Servicing Agreements, Assignments, Notices of Right to Cancel, RESPA, TILA and Regulation Z Overview, Determination of Finance Charges and calculation of the APR, Appraisal Review, Discriminatory Acts, Regulatory Compliance, Unfair and Deceptive Acts and Predatory Loan Practices, Mortgage Loan Origination Agreements, Loan Sale and/or Servicing Agreements, Transfer of Servicing, Broker/Lender Agreements, Securitization, Lender Underwriting Program Guidelines and Rate Sheets relating to Buy Up and Buy Down of interest rates, Form 1008 – Lenders Underwriting Report, Residential Loan applications signed by borrower, IRS form 4506, Detailed Breakdown regarding escrows and disbursements, Accounting details, payment history, Credit Default Swaps Contract and/or PMI Insurance, Mortgage Broker and Appraisal Licensing Review, Borrowers Credit Report and Proof of Mailing of disclosures, Lender Closing Instructions to Settlement Agent, Affiliated Business Arrangement Disclosure, HOEPA report, Purchase Agreements, Signed and Executed Copy of the Mortgage/Deed of Trust and Promissory Note, Final HUD-1.
We also request from lenders specific documentation so we can review, document and validate Tangible Benefit factors on Refinance Transactions and Non Affordability Debt to Income (DTI) Issues relating to underwriting based on the borrowers actual income average two years prior to date of settlement opposed to information provided on the loan application by the originator at origination, lender liability, broker misstatement of facts, falsification of income and assets, HMDA compliance, HUD 1 Review of Settlement Costs to determine excessive non disclosed fees and Yield Spread Premiums relating to Buy Up of interest rate, We also review to determine potential violations relating to Interstate Land and Sales Full Disclosure Act, Consumer Fraud Acts, Fair Lending, and State and Federal Disclosure Compliance.
Once our review of documents determines that you may have been a Victim of significant mortgage compliance violations involving Predatory, Deceptive, Discriminatory and Unfair Lending and Servicing Practices, we will send a Qualified Written Request (QWR) along with an Addendum relating to Servicing Criteria to your Current Loan Servicing Company via U.S. Postal Services Certified Mail/Return Receipt. Copies will also be sent to the Lender listed on your HUD-1 Settlement Statement and the Originating Broker.
We will first give the Lender the opportunity to review and investigate the documented violation findings detailed in our Forensic Loan Audit/Mortgage Loan Document Review in a good faith attempt to have the Lender quickly resolve/settle these Documented Loan Violations on your case by Lender offering you an acceptable resolution offer, prior to filing complaint(s) with any State and Federal Regulatory Agency.
In the event, the Lender fails to respond to our official Qualified Written Request (QWR) and Addendum relating to servicing criteria within 20 business days of our notice or fails to resolve/ settle within a 60 business day time period, we will then file Complaints on your behalf with the proper Local, State and Federal Regulatory Agencies.
Please CLICK HERE for information on How to Start the Review Process.