Forensic Audit






 

 

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Forensic Audit

Pre-Litigation Analysis, Data Collection, Document Preparation

National Help Center Law Group provides the most comprehensive and competent Forensic Loan Audit in the industry, as well as Securitization Audits, tailor-made Qualified Written Requests, Civil Complaints, Temporary Restraining Orders to Stop Sale, Lis Pendens, and full service pre-litigation data gathering, investigation and support.

Our Senior Auditors and Attorneys do not use any software products to generate your Forensic and Securitization Loan Audit. Each file is carefully, manually, reviewed to determine the violations and our Certified Auditors generate a competent and thorough analysis based on factual determinations.

Software Can Never Uncover All Violations

Which is why our service our so unique and so important. Software cannot read the dozens of pages of loan documents you received during your closing. It takes a human, in our case, a Certified Forensic Loan Auditor to do the audit manually. The software is merely a tool which allows us to create a litigation-ready detailed report for our clients and Attorney's to use. Anyone can buy a $500 software package and try to do an audit. But unless the software user is a Certified Forensic Loan Auditor, it is a waste of money.

Our service includes an extensive Forensic Loan Audit of your Real Estate Documents by a Certified Forensic Loan Auditor to uncover TILA, RESPA, Civil Code, Business & Professions Code, and many other State and Federal Violations by the Lender in areas such as Fraud, Predatory Lending, Unfair Business Practices, Disclosures, and many others for the purpose of (1) Principal Reduction, (2) Interest Reduction, and (3) Loan Modification.

This package includes a Qualified Written Request to the Lender or "QWR" which is a demand letter hand crafted by one of our Attorneys outlining the violations found in the Forensic Loan Audit, which necessitates a response from the Lender within 20 business days.

Our service is focused on providing our clients the most highly reliable and dependable "Premium Forensic Loan Audits" in the industry, as well as Qualified Written Requests, Demand Letters, Notice of Rescission letters, and Securitization Audits.

Qualified Written Requests (QWR)

National Help Center Law Group provides the most competent and comprehensive forensic loan audit in the industry. Each Loan Document is carefully reviewed by a certified professional for violations of State and Federal law, administrative code and regulations, and agency advisory opinions on the subject transaction. Each loan Audit is reviewed for compliance by a qualified and experienced staff Attorney.

Additionally, NHCLG will provide our customers with Qualified Written Requests to the Lender[s] for documentation, and Qualified Written Demands to the Lender[s] necessitating a formal response, pursuant to RESPA.

Qualified Written Demands are demand letters carefully crafted by our team of Attorneys which outline the material violations, breaches of duties, and deficiencies found by our experienced Audit department. The Demand will also include a list of Borrower Demands to the Lender and the potential Borrower Remedies, including rescission. The Attorney can than make an independent analysis based on the summary findings, and/or use this demand as their template and send to the Lender[s].

Demand Letters

At the heart of our QWR/Demand Letters is each of the following allegations:

  • Notice of Intent to File Civil Action pursuant to Code of Civil Procedure
  • Notice of Rescission
  • Summary of the MATERIAL defects found by the Audit in the loan docs in summary legal form, such as o Violations of Truth in Lending Act o Violations of the Real Estate Settlement Procedures Act
    • Violations Of Equal Opportunity/ Discrimination o Breach of Fiduciary Duty [in most states]
    • Breach of the Implied Covenant of Good Faith & Fair Dealing
    • Violation of other Civil Codes
    • Violation of Underwriting Standards [i.e. stated income loans]
    • Predatory Lending Indications
    • Fraud allegations
  • MERS & Securitization
  • Standard "Qualified Written Request" or "QWR" language pursuant to 12 U.S.C. ยง 2601, requiring the lender to respond within 21 business days.

In addition, this legal demand letter will set forth each of the borrower's demand/remedies as follows:

  • That, pursuant to the above regulations, lender shall rescind the loan made by defendants to secure the property and all security instruments in connection with those loans; and that all costs to acquire those loans plus all interest paid shall be refunded to borrower.
  • That defendants will re-secure the property with a new loan at an amount equal to today's current market value, and with the terms that were originally disclosed, but at a payment not to exceed 28-31% of borrower's income as should have been done in the first place.
  • That lender reimburse plaintiffs for all costs to resolve this issue, including but not limited to attorney's fees, investigation fees, and out of pocket costs and expenses.
  • That the lender pay financial damages to borrower for stress, harassment, threats, and public detriment of borrower's character.
  • That pursuant to the requests above, a statutorily timely response to the request for documents and information be provided.