My husband and I got into trouble by drawing from our primary residence and buying other properties. I know that thru the process, brokers lied to us, and we have ended up with negative arm mortgages that we didn't understand. I've been seeing a collection of gps on the web offering 'forensic mortgage analysis' for these type of mortgages - has anyone benefitted for that approach? thanks - Annie
I would be very suspicious of a web site offering "forensic mortgage analysis". There is no generic way to do that properly, and it entails the practice of law, which is highly state specific. It is illegal for an attorney who is not licensed in your state to give you legal advice regarding mortgage foreclosure, and it is doubtful that any legitimate attorney would do that.
I do foreclosure defense in Florida. In that context, I hear from many of my clients about the varius scams that they have been approached with, calculated to cash in on their fear of losing their home.
Origination fraud and insufficient disclosure may be adequate to form the basis of a reasonable defense, but ONLY IN THE HANDS OF A QUALIFIED ATTORNEY.
Do yourself a favor and speak to an attorney who really knows this area of law - it is a highly specialized subject.
The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who specializes in mortgage foreclosure defense to review the details with you and advise you.
Forensic Mortgage Analysis usually involves examining the mortgage and note to determine whether the mortgage lender and/or mortgage servicer complied with federal law by making required disclosures under the Truth and Lending Act (TILA) and or other federal statutes.
In a foreclosure context, the Truth and Lending Act usually only applies to non-purchase loans secured by residential property, eg. Home Equity Lines of Credit (HELOCS) or second mortgages.
Required disclosures usually include, the Annual Percentage Rate (APR), Finance Charges, The Amount Financed, Total of Payments to be made, etc.
Another disclosure frequently ommitted by the lender is the 3 day right of rescission. 2 copies of a statement informing a consumer of his or her right to cancel the agreement must be provided to each person named on a mortgage, eg. husband and wife shouls receive 4 copies total.
Failure to provide the consumer with the 3 day right to cancel notice, increases the consumers time frame to cancel the contract up to 3 years. The right of rescission is a powerful defense to a threatened foreclosure that consumers should explore through an examination of the mortgage.
However, a forensic analysis of the mortgage is only the first step in this process. Once the determination that the lender did in fact fail to make the required disclosures, the consumer must then contact the lender with regards to exercising this right, which many times leads to litigation.
I am licensed ONLY in Massachusetts and Connecticut, therefore those reading this outside these two states should contact a local attorney for further information.
I hope this helps
Glenn F. Russell, Jr.