Many homeowners in the United States today may have fallen victim to fraudulent or predatory lending practices.

Homeowners and Attorneys helping them who are looking to have their mortgage loan terms changed in any manner must first determine the reasons, if any, that a bank should help them.

Please watch the video to the right...We have been providing usable evidence in court to help homeowners who ask the lender to "produce the properly endorsed note".

 

 

What laws does a Mortgage Securitization
Audit
 show have been violated?

What does a Securitization
audit do?

   
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• The Pooling and Servicing Agreement Violations
• Truth in lending Act ( TILA ) section 131
• Provisions of the Universal Service Code and MERS
• Deed of Trust and Note Enforcement
• The United States Supreme Court Rule 4
• HOEPA Act in conjunction with RESPA
• Predatory Lending Act
• Home Mortgage Disclosures Act


 

What is a standard Closed Loan Legal Securitization
Chain Title and Analysis Audit?

 

 

A Standard Securitization Audit is a comprehensive report detailing borrowers’ mortgage loan participants and the transactions between them. We have spent years developing and perfecting our audits, so that each party that utilizes the audit for reference, can have a clear and concise understanding of what rules, regulations or laws may have been side-stepped or even broken.

 

The reports are designed to provide facts for law firms and other professionals, to utilize, while helping homeowners throughout the United States to protect their rights.

 

To complete an audit, an auditor checks through available public and/or private databases to locate the pool, pools or group(s) of pools claiming to have ownership of the borrowers’ loan. We use each available resource to find an actual mention of the note, either through loan number, address, loan size, loan type or other loan specific details. Otherwise, we will use the Closing dates and Cut-off dates for
 the specific pools that the loan may be in. We search through the 424B5 Prospectus and the Pooling
and Servicing Agreements. If a 15-15d Suspension of Duty to Report is filed we can provide that as well.

 

 

It is found on many mortgage loans, that there is no recorded and perfected Chain of Assignment.

Nor, is there a proper chain of endorsements record in any Securitized Loan, or proper assignment history that goes from the lender, to the Sponsor, to the Depositor, and lastly, to the Trust, as required by most Pooling and Servicing Agreements.

 

Based on Pooling & Servicing Agreements, each securitized loan is required to have a minimum of three (3) endorsements if the loan was not sold directly to the Trust. Many times, we find no assignment of Beneficiary recorded when the transfers purportedly took place. This is why the lenders (inappropriately) designed and created MERS. The idea was to allow MERS to appear and the actual deeds would be kept in the name of MERS as “Nominee for the Beneficiary”. This allowed MERS to appear to be the Beneficiary and avoid the expenses of recording Assignments at each transfer, usually about $30 per recording.

We have also found this is where many Attorney Generals have taken up a fight against MERS as well. The States have admitted that this process costs them over 3 Billion dollars in recording fees and hence the lawsuits they have initiated against MERS and many of the large Lenders across the United States. This is still appending issue that we are closely monitoring as of august 2011

 

Sometimes it is seen the original mortgage note, endorsed without recourse in blank by the last endorsee. Any Assignment of the Deed to the Trust will almost always occur after a Notice of Default is filed and the Assignment is made from the lender or MERS to the Trust. This is done to “establish” Beneficiary Rights in the mind of the Trust. It also tries to unite the Note and the Deed for Legal Standing to foreclosure.

An audit generally has been concluding there is a chain of ownership that has not been properly executed, and that any party trying to foreclose needs to present clear ownership and explain why they have a clear right to foreclose.


 

 

A Securitization Audit can provide you
with an unparalleled look at how the note was securitized, and
transferred to provide real proof of malfeasance to give you
more leverage with the lender.



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