We also request lenders to provide specific documentation as stated in our specialized Due Diligence Compliance/ Forensic Loan Audit Leverage reports, QWR and QWR Addendum letters 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, and final fully executed HUD-1.
We also request from lenders specific critical 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 preliminary review of documents determines that you may have been a Victim of significant mortgage compliance violations involving Predatory, Deceptive and/or Discriminatory and Unfair Lending and Servicing Practices, and if you engage us to proceed we will provide a copy of our detailed report with documented exhibits to your nominated attorney if you are represented by legal counsel and/or at your request submit on your behalf a Qualified Written Request (QWR) of our documented findings within the Forensic Loan Audit report along with a QWR 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.
In the event you engage us to complete a Due Diligence Compliance/ Forensic Loan Audit leverage report for you and you also request that we submit a QWR or QWR Addendum on your behalf to the lender; and the Lender fails to respond to our official Qualified Written Request (QWR) and QWR Addendum relating to servicing criteria within 20 business days of receipt of our notice or fails to resolve/ settle within a 60 business day time period of receipt of our notice, we will then file Complaints on your behalf with the proper Local, State and Federal Regulatory Agencies. We will provide you a copy of case number letter received from the appropriate agency at your request. Our offices do updates for our client base at their request every Wednesday between the hours of 10:00 AM to 5:00 PM EST. If you want an update, please call in on Wednesdays.
Please CLICK HERE for information on How to Start the Review Process.