Loan Modification

Forensic Loan Auditing: How To Get Leverage On Your Loan Modification

By Andrew

Forensic Loan Auditing is a fancy way of describing a thorough revision of the documents you signed when applying for your loan. This includes the accuracy of the math in the interest rates and payments schedule, the legality of the terms of the loan and any proof that you were misled in some way.

Why is Forensic Loan Auditing useful?

Forensic Loan Auditing is useful because if your mortgage did not comply with the Federal Guidelines for lenders at the time of signing there is a chance your mortgage was illegal, or at the very least non-complying. This can cause your mortgage to be void and your loan to be wiped out. Admittedly this does not happen all that often, but you can see why servicers and lenders take a Forensic Loan Audit very seriously.

If you took out your mortgage a few years ago, before the current financial crisis, it is likely your loan fails Federal Guidelines on some level. In boom years, like those we had three or four years ago, banks and servicers are very relaxed with their interpretation of Government guidelines. This is especially the case with laws relating to RESPA, TILA or the infamous section 32.

How To Carry Out A Forensic Loan Audit?

There are two ways, the easy but expensive option and the difficult but cheap route. It all, of course, depends if you do it yourself or employ a professional.

Because of the number of loans in trouble forensic loan auditing is becoming a booming industry. However, don?t be quick to believe those that say you can?t d it on your own?

This is what you will need to do:

1)      Check the date you signed your loan documents.

2)      Check the Federal Loan Guidelines for that period.

3)      Compare them with the terms you accepted and the documentation you signed.

The responsibility for any illegal procedures falls on the lender and/or servicer that are required to follow current law, so if you find any discrepancies it could provide you with extra leverage against your bank when asking for a loan modification or even make the loan void if serious mistakes were made.

Lawyers will of course happily do all the work for you, and are likely to do a much better job. However they don?t come cheap. Some loan modification companies include forensic loan auditing as part of their service. Nevertheless make sure you check the costs of using a loan modification company because the Government has provided free counseling companies that are just as good if not better than any paid service provider.

Forensic Loan Auditing is not the Holy Grail of Homeowners but can be a useful tool for certain loans in providing leverage against unhelpful banks and in rare cases even cancel the debt on your mortgage.

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1. Rogue Loan Modification Servicers, What Are The Signs?
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Full post as published by Blown Mortgage on February 04, 2010 (boomark / email).