FAQs What is a forensic audit? AUDIT OF THE BORROWER's EXPERIENCE
The
audit is a review of the mortgage related documents signed by the
borrower on the day of closing. The audit focuses on disclosure
violations of federal law (TILA, RESPA, FDCPA, HOEPA, UCC, and others)
and state laws (common law, fees, yield spreads, contract law, and
others). The audit also looks for commissions violations,
refund eligibility, misapplied payments, calculation errors,
application fraud, and more.
What is a securitization audit? AUDIT OF THE NOTE AND MORTGAGE DEED's EXPERIENCE The
audit is a review of the sale transaction that took place after you
received your loan. The audit focuses on chain of title, note and
deed possession issues, and more. More on securitization audits CLICK HERE.
Who can receive an audit?
All homeowners are eligible for an audit (80% - 98% of mortgages have potential violations). 1. If you have an ARM or high interest rate 2. Your mortgage was sold 3. You have an escrow account 4. You have little to no equity 5. You are struggling to make payments 6. You are in foreclosure 7. or You just want to check You QUALIFY!!!
Can this stop foreclosure?
Yes! The audit can be used to stop ALL collection activity including foreclosure.
Can it cancel my mortgage?
Yes!! Our Program helps in at least 4 ways.
1. TILA Violations
Right of Rescission - The
rescission right is absolute for 3 days, but it is extended for up to 3
years if certain material TILA disclosures were not provided correctly
at the time of the originalcredit
transaction or a proper notice of the right to cancel was not
given. The creditor must give each consumer 2 copies of a notice
of the right to rescind. If you were never notified of your Right
To Cancel, certain TILA disclosures were not accurate, or if
your tried to Cancel and were not allowed to, you maybe eligible to
have your loan canceled if you refinanced less than 3 years ago.
APR and Finance Charge Violations - Incorrect disclosure of these numbers could allow you to cancel!
TILA
violations can have very severe consequences for the lender up to and
including having the homeowner receive the property FREE and CLEAR!
2. Mortgage Was Improperly Sold
Because
the people who acquired your mortgage and made it into a security
changed the mortgage agreement without your permission and made the
mortgage unusable. They don't have a right to enforce the mortgage
agreement you granted. You made a deal, if you don't pay the mortgage,
a SPECIFIC party can take your house away from you. You didn't say
ANYONE could take your house away from you.
Despite
the fact the creditor is owed the money, the creditor does have the
right to foreclose. Our Program is designed to let everyone know the
creditor does not have the right to foreclose and compel the creditor
to workout an alternative payment arrangement.
When
you create a mortgage, you create 2 documents. The note and mortgage.
The note is the IOU and the Mortgage is the legal agreement that gives
the right to take your house away if you don't pay. When you failed to
pay, the party that purchased the Note tried to use the mortgage to
foreclose. However, when the party "securitized" the mortgage, the
added new conditions and new parties that you unaware and didn't agree
making the mortgage agreement unenforce-able. So, although you still
owe the money to the other party, they cannot use foreclosure to take
your home.
3. Predatory Practices (i.e., Non-Repayable Loan, Fraudulent Appraisals, etc.)
Certain
homeowners received loans that they were never able to repay, had
inflated appraisals, or other potentially fraudulent activity.
Our program runs tests on your mortgage documents to see if your
loan meets these criteria.
4. Produce the Note (Judicial or Non-Judicial States)
If the lender cannot produce the original note
(which is a negotiable instrument), they do not have the right to
foreclose on your property. FreeMortgageAudit.net, will provide
what you need to force the lender to show proof that they have
possession of the note. Do not let the lender re-establish a copy!. Do I need to be behind?
No!
How is an audit different than a loan modification?
A
loan modification is where you ask the lender to change the terms of
your mortgage so your payments can become more affordable. For
example, they could lower your rate to 3% and/or extend your term to 40
years or so.
An audit does not modify the loan terms, but it does make it much easier to get them modified.
Why should anyone do an audit to lower their payment?
Audits
work to lower payments because it gives power to the homeowner.
The lender will now be much more willing to negotiate with them for
better terms now that they have presented these violations. The
homeowner is now in the driver's seat!
Will this impact my credit? Depending
on your situation, it could actually help your credit because
the lender must stop reporting to credit agencies once they acknowledge
their violations.
What if I am in foreclosure and I want to sell my home? A successful audit can give you all the time you need to find the right buyer.
Can an audit help if I have received a sale date? Yes. However, you may need to have an automatic stay filed if your date is less than 60 days away!
Can the mortgage audit help me if my home has already been sold? Yes,
as long as you live in a state that allows for a redemption
period, you can still challenge your lender and stop the sale
from being completed!! You
could also use the audit results to sue the lender for damages and
remove any negative reporting on the credit report regardless of your
state laws.
Can I find out if I have violations before spending any money? Yes. We have a Free Online Audit available.
It will summarize some of the most abused violations. It can even
determine if you may be entitled to cancel your loan. Just complete the form to your upper right, and your results will be provided instantly. Just click on any one of the laws on the results page to learn more about your FREE results. You can also call 800-704-4228 to review the Free results. You can also Click Here to get a Full Forensic Audit now! IMPORTANT NOTE: The free audit results are meant to be used as a directional guide for the homeowner. It is NOT a comprehensive forensic audit, and it will NOT show ALL violations. The FREE results could show NO violations, BUT a full forensic audit could still find VERY SEVERE violations. It is NOT possible to challenge your lender with the free results alone. The homeowner's actual mortgage paperwork must be reviewed to ensure identification of ALL audit violations.
The Refund Checker Audit
How much can be refunded? And how is it paid?The
amount refunded will vary by loan, but very large refunds have been
found for some borrowers greater than $30,000. Usually the error is
corrected by adjusting the principal balance of the loan. In some
circumstances, the borrower may be able to obtain additional tax
benefits because of errors as well.
What loans qualify for an audit?
All
ARM Loans AND fixed rate loans where the borrower has made extra
principal payments AND has documentation. Also, if your loan was
transferred, and you believe the new servicer did not use the correct
transfer balance.
How long does it take for the lender to process my refund check?In
general, most lenders today will respond promptly when notified about
any mistakes in computations. Since these mistakes are inadvertent,
most lenders want to make corrections and make a full refund or credit
to any borrower bringing the mistakes to the bank’s attention.
Therefore, it is unlikely that you will have to take the step of either
contacting the State Banking Regulator or an attorney.
How long does it take to get the results back for my audit?You will have the results of your mortgage audit in approximately 5 business days after we receive your information.
What organization completes the Audits?Homeowner and general business wholesale audits are completed by The New Earth Foundation, Inc. an IRS approved non-profit 501 c(3). Homeowner audits may be tax deductible. Please Click Here for more information about the homeowner program. Audits for Foreclosure Rescue Services or similar for-profit lenders are handled by Strong Family Fund, Inc. Please Click Here for more information on the Wholesale Audit Program. Why does your organization NOT use HARD Sales tactics when offering your service to homeowners? The
New Earth Foundation (NE) is a non-profit organization. It
has a very impressive mission and its total offering to Homeowners
is UNMATCHED by ANY other organization that offers this type of service. NE feels that our: - FREE Online Audit - Comprehensive Forensic Audit - Free Professional Loan Mod Software - Client Specific RESPA/Audit Results Letters - Tax Deductible Service Fee - FREE Nationwide Attorney Referral - Low Pricing, and - Cancel Mortgage System
PLEASE CALL for more information. |