Monday, March 8, 2010

How do you fight Saxon Mortgage?

How does one fight a company that was identified as 'too big to fail' yet is operated by incompetent, under trained, $8.00/hr customer service associates who simply read the screen?  The only answer I can give to you is to educate yourself and use your legal rights to prove you will not be bullied into accepting what they believe is your fate.   Whatever life changing event led you to this current situation, you still have the power to fight back. It's about knowing what you have the legal right to fight about.
  • If your facing foreclosure, demand to see the note.  Even if you already have a copy, demand it anyway.  They have to provide you with proof they have the right to try to take your home. The Consumer Warning network has created templates for a legal request, a letter to your lender and a motion to compel to help you through the process.
  •  Consider talking with an attorney about a loan audit.  There are many scams out there but with a little research you'll be able to find a reliable auditing company.  A real estate attorney will be able to suggest a good audit service. Be very careful. Predators target people in distress.  Be sure they are associated with a law firm to defend the findings. 
  • You can get ready for the audit by sending a qualified written request to your lender.   Here is a great template to use in order to request copies of your loan documents. ( click here )  It is a qualified written request that demands copies of all documents pertaining to the origination of the mortgage.
 Sometimes this is enough to shake up the mortgage company.  It gives them some indication that you know what you're looking for. If there is any possibility that your loan may contain errors, this move may get them concerned about what might be found.  These errors are violations of the laws that have been put in place to protect borrowers. When these laws are broken by mortgage companies many judges will find in the favor of the borrower. 

Remember, they don't have the right to

Friday, March 5, 2010

If your Mortgage is NOT 30 year fixed rate, have it Audited.

I've been doing a lot of research into Mortgage loan audits. One thing I've found is there are a large amount of loans that contain errors which could play in your favor. If you bought or refinanced your home sometime between 1997 and 2006, it is advisable to have a mortgage audit done on your loan.  This time span was when most companies were pumping out loans at a high rate of speed.  This is also when most sub prime mortgages were generated.  The standard mortgage for years was always 30 year, fixed rate.  One lawyer I spoke with said if you loan is anything other than a 30 year fixed rate, have it audited.  Enough said.

Monday, March 1, 2010

Mortgage Audit. Is it worth the money?

For those who aren't sure what a loan audit is, allow me to explain.  It is a complete review of your mortgage loan documents to determine if the homeowner was victimized by unfair, deceptive and predatory lending practices. An audit looks for violations of all relevant consumer protection statutes. A good audit should look for fraud, misrepresentation, unfair and deceptive acts, breach of contract, unconscionability and claims under other theories of law.
 In my opinion, the next wave of predators are eyeing up the housing industry.  I see multiple posts for "Forensic Mortgage Audits" during my daily rounds.  Don't be lured by flashy website and desperate shopping. Do the homework before paying any company.  I've seen some companies charging as much as $5000 for a complete audit.  Many people need to remember... if you had $5000 to fork over, you might not be in the present situation.  Just be sure it's worth the risk unless you've researched the company thoroughly. 

The best advice I saw on my travels was from an article written by Lane Houk called What is a “Forensic Loan Audit?” .  She stated "The real litmus test is to ask the auditor where most of their business comes from? If it’s not from consumer law attorneys walk away. Ask for attorney references at all times."