header.htm

Law offices of Steven J. Feldman
The "fixer "—someone who rectifies difficult family situations, often through unique methods."
949-461-0028
Home  |  Attorney  |  Resources  | Forms |  Site Map |  Blogs


More Help


Loan Forensic Analysis - How To Legally Get Out Of Your Bad Loan

Examining Your Loan for Truth in Lending Act  Violations, RESPA Violations and Fraud

Current loan modification programs (voluntary for the lender) are designed for your principal residence, which excludes many other property owners that need loan modifications.   However, if there is a violation of the various loan laws ("predatory lending"), the owner can demand legal relief even if it is not a principal residence.

There are thousands and quite possibly maybe a million plus people that have mortgages where the Truth in Lending Act was violated, thus falling under the predatory lending statue. Borrowers can stop foreclosure and get loans modified if they only knew what to look for and how to defend themselves.

Loan Document Audit

Our #1 goal is to look for violations of federal law. If these violations are found, then the borrower may be eligible for complete relief of the predatory loan. This is know as a loan rescission. Meaning the lender takes back the "predatory loan" and awards or credits back to the borrower all interest made on payments thus far, loan origination fees, all applicable lenders fees, penalties and attorney's fees.

This can be done by means of a Loan modification nor a new affordable loan. This allows the borrower to get a new loan with a smaller principle, interest rate, better terms-- meaning that the mortgage can be affordable and non-predatory.

Forensic Loan Document Audit and Rreport

  •  Complete client interview and all applicable parties
  •  Complete loan document and disclosure audit by 30 year underwriting and fraud and compliance mortgage professional
  •  Truth in Lending Act (TILA) and Real Estate Settlement & Procedures Act (RESPA)
  •  Reverse engineering of your loan terms and Annual Percentage Rate (APR) for possible TILA violations
  •  Complete written report with loan lawviolations identified and possible damages described.
  •  Results report of all factual findings of the forensic audit
    •  Any and all applicable federal law violations
    •  The real terms of your loan
    •  Outline of hidden fees and/or commission earned by your broker or lender
    •  A written assessment of possible legal claims against your broker and/or lender

Examples of Predatory Lending is:

CONSTRUCTIVE FRAUD

Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which a reasonable borrower would want to know before accepting the loan. Did the broker or loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower?

FRAUD AND NEGLIGENT MISREPRESENTATION

Were any representations, statements, or comments, written or oral made by the loan officer, broker, notary or anyone else which contradicted the terms of the documents?

NEGLIGENT MISREPRESENTATION

When a mortgage professional makes errors which a reasonably diligent mortgage professional would not have made, he or she may have made a negligent misrepresentation.

BREACH OF CONTRACT

The note and its attachments are a contract. The broker must follow all the terms of the contract such as the way the interest is calculated, and the penalties it assesses. Were there any terms in the contract which the lender failed to follow?

Name:

Email:

Phone:

Best time to call:

Loan problem:


 Our Office helps people throughout the greater Orange County area and across Southern California (CA). From our centrally located office in Laguna Hills, we represent people in Orange County: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Habra Heights, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda, CA., and many other areas surrounding Orange County, CA, including San Diego, Riverside, San Bernardino, and the Inland Empire.  Regardless of which Southern California city you live in, please contactus for a free consultation.

Steven J. Feldman, Esq., 23151 Moulton Pkwy, Laguna Hills, California, 92653.   Copyright © 2000-2007      Privacy      Site Map