Good News: The Government Is Sometimes on YOUR Side

The good news for homeowners is that banks and lenders are governed by various Federal Lending Laws such as the Truth in Lending Act, the Real Estate Settlement Procedures Act, and the Home Ownership and Equity Protection Act.

To read the Truth in Lending Act (TILA) go here:

http://www.fdic.gov/regulations/laws/rules/6500-1400.html

To read the Real Estate Settlement Procedures Act (RESPA), go here:

http://www.fdic.gov/regulations/laws/rules/6500-2530.html

To read the Home Ownership and Equity Protection Act (HOEPA), go here:

http://apps.americanbar.org/buslaw/committees/CL130000pub/newsletter/200708/natter.pdf

These three laws are KEY.  These Federal Laws dictate the disclosures that lenders are required to provide, the accounting that lenders are required to provide, and contain other measures that are designed to protect people from predatory lending practices.

Your Bank's Skeleton in the Closet

My company, Home Loan Management Solutions, LLC is a mortgage auditing firm. 

It conducts what is known as a Forensic Loan Audit.  A Forensic Loan Audit involves an in-depth analysis and accounting of the closing documents provided at closing to a borrower on a real estate purchase or refinance loan.

The purpose of this audit is to UNCOVER VIOLATIONS OF FEDERAL LENDING LAWS (TILA, RESPA, and HOEPA) committed by the lender in the transaction. (In other words, the forensic loan audit is how we can find out your bank's skeleton in the closet!)

These violations may include but are not limited to improper or missing disclosures, undisclosed or understated finance charges, misrepresentations of the true finance charges, lack of compliance with various provisions of TILA, lack of compliance with various provisions of RESPA, and lack of compliance with various provisions of HOEPA, predatory lending practices, improper recording of required documents, defective mortgage instruments, use of MERS to foreclose, fraud, fraud in the inducement, common law fraud, misrepresentation of the Real Party in Interest, unconscionability, failure to verify income and assets, failure to establish conditions precedent, and so much more. 

The forensic loan audit is the backbone of the

Foreclosure Legal Defense^TM process!

You can be assured that the audit of your loan documents preformed by Home Loan Management Solutions, LLC will be both comprehensive and professional.  We know the violations to look for and where to find them in the documents. 

WE ARE ON YOUR SIDE! Call us NOW at 1-877-9KEEPHOME for a free consultation and forensic loan audit.

Bank of America Sues Itself for Foreclosure

I saw this news article from http://disinfo.com/ - a great website for finding news that are hard to believe but true. I cannot believe it myself but this goes to show how stupid banks are.

"In the latest phase of the foreclosure crisis, our nation’s biggest banks have reached a Zen-like state in which they resemble snakes eating their own tails, reports Forbes:

Here’s a sign of just how big and messy the foreclosure problem is: Bank of America has sued itself at least nine times in April.
That’s what lawyer and fraud expert Lynn Szymoniak discovered recently during a search for foreclosure filings in Palm Beach county Florida.”There are likely at least 100 examples of the same thing happening across the state,” Szymoniak says. “The company is literally seeking damages from itself in order to foreclose on the condo owner.”
“We are servicing the first mortgage on behalf of an investor and we own the second mortgage,” said Bank of America spokeswoman Jumana Bauwens [in regards to one case]."

Here's the copy of the foreclosure lawsuit:

Maybe your bank is stupid too...and it has no right to foreclose on you. To find out how smart or stupid your bank is, call our office at 1-877-9KEEPHOME so we can give your bank an IQ test (mortgage audit).

Have YOU Received Your Bailout from Obama Yet?

In any contractual situation, full disclosure, fair dealing, and a” meeting of the minds” is required for a valid and enforceable agreement.

All of these required elements are MISSING in most of the home loans originated or refinanced between 2000 and 2009.

So often we speak with people that just want to “pay their mortgage” and are hoping that their foreclosure problem will magically go away.  IT WON’T!

People often operate with the FALSE assumption that their “lender” in interested in working with them and has their best interest at heart.  While this is certainly the message the “lender” attempts to communicate, IT IS UNTRUE!

THE “LENDER” IS MOTIVATED STRICTLY BY PROFIT AND WILL LIE, CHEAT, AND STEAL TO INCREASE PROFITS!!

In this whole mortgage mess, many people were given loans that were never intended to be paid back.  They were given so called “liars loans” because no documentation or verification of income was required.  We read about a strawberry picker in California making $14 an hour being given a $750,000 mortgage!  This is but one of many examples. 

More Foreclosure Cases Deemed VOID and ILLEGAL

There are many foreclosure cases that have been deemed void and ILLEGAL. Why? There are 2 reasons:

1)  The lender cannot even produce the NOTE; and
2)  The lender has committed mortgage fraud and violations (I will discuss what this is in my next blog post)

There is a good chance that your lender has NO right to foreclose on you. Why not find that out for free? Call our office at 1-877-9KEEPHOME NOW. You have nothing to lose. You might even keep your home and stop your foreclosure.

Here are the links to foreclosure cases thrown out of court, deemed illegal and void:

The Securitization of Mortgages and Why Does it Matter to You

It used to be that when a person took out a mortgage, it was with their local bank.  The bank funded the mortgage (although with money created from thin air – but that’s another story).  The bank held the mortgage and note (the note is the promise to pay and the mortgage is the instrument that pledges the house as collateral for the note) and the person made their payments to the bank.  There was a connection and usually a relationship between the person making the payments and the financial institution receiving the payments.

All of that changed with the advent of securitization in the 1990s.  Through the process of securitization, banks could move mortgage loans off their books so they could make more mortgage loans and make huge fees doing so.

Wall Street came up with the idea of buying mortgages and notes, bundling them by the thousands into Special Purpose Financing Vehicles known as Collateralized Debt Obligations from which they could sell bonds to big time investors such as pension plans and make a lot of money doing so.  These bonds are known as Mortgage Backed Securities – thus the description of the process is called securitization.

If Your Lender Does NOT Have the Right to Foreclose, Now What?

In my blog post yesterday, I featured a video that shows that most banks in a lot of cases cannot prove they have the right to foreclose. Why? Because they cannot even produce the NOTE. By foreclosing on homeowners without the NOTE, they are doing something ILLEGAL.

Your situation might be the same. Your bank might be pulling a trick on you and committing FRAUD. You need to do a FORENSIC MORTGAGE AUDIT to find out if your bank has the right to foreclose.

The problem with most homeowners is that they only do something until it's TOO LATE. Even if you have not paid your mortgage payments, you still have RIGHTS and you have to fight for those rights. Chances are good too that your bank has already profitted from your mortgage anyway. They have sold your loan together with tons of loans out there...for 2 times to even 3 times their face value.

I will explain how they did this in a subsequent blog post.

For now, it makes sense for you to defend yourself in court against your lender foreclosing on you. This has been done before. Yes, actual foreclosures have been STOPPED and have been thrown in court. This means the foreclosure is deemed VOID and ILLEGAL.

If you don't believe it, here are several foreclosure cases that have been deemed void and illegal:

http://www.foreclosurelegaldefense.com/documents/judges_overturn_foreclosure_lack_mortg_assign.pdf

http://www.foreclosurelegaldefense.com/documents/americanbrokers_vs_zamalloa.pdf

http://www.foreclosurelegaldefense.com/documents/bankofny_vs_orosco.pdf

I will be featuring more actual legal cases in this blog.

So the question now is...what about YOUR loan? Can your lender produce the NOTE? Can they prove they can FORECLOSE on you? To find out, call our office at 1-877-9KEEPHOME for a FREE mortgage audit so we can find out if your bank has the right to foreclose. If they DON'T, we can connect you to a lawyer who will help you sue your bank and fight your foreclosure in court.

Call our office NOW or put your contact information here so we can call you.

Banks Usually Cannot Prove they Can Foreclose On You

That's a provocative title but it's absolutely TRUE: A lot of banks cannot prove they have the right to foreclose on you. Why? They cannot even produce the NOTE.

You don't believe me?

Watch this news report from CNN: