
Common
Experiences
The auditing of your
loan will require
the gathering of your
loan documents, personal
interview and analysis
to expose violations
associated with your
mortgage transaction.
Many common violations
homeowners are experiencing
are: Breach
of Contract
All the mortgage
documents and attachments
are a contract.
The lender 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?
Excessive
Fees
We look for Excessive
Fees and Improper
Charges by your
Lender. We also
look for Deceptive
Abusive Predatory
Lending Practices,
Excessive Prepayment
Penalties, Tangible
Benefits to the
Borrower, Affordability
to the Borrower,
Home Mortgage Disclosure
Act (HMDA) Data,
Broker Fee Agreements,
and State and Federal
Disclosure Accuracy.
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 contradict
the terms of the
documents? 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.
Federal
Laws Governing Mortgage
Lending
The United States
federal government
has 4 core laws
that make the guidelines
uniform and administered
fairly and equally
for all individuals.
In fact, all lenders
are required to
operate under certain
rules, regulations
and procedures when
taking loan applications.
Those rules, regulations
and procedures are
spelled out in the
Real Estate Settlement
Procedures Act (RESPA),
the Truth In Lending
Act (TILA), Equal
Credit Opportunity
Act (ECOA) and Fair
Credit Reporting
Act (FCRA).
Real
Estate Settlement
Procedures Act (RESPA)
The Real Estate
Settlement Procedures
Act (RESPA) requires
lenders to give
a "good faith
estimate" of
all closing costs
you are likely to
pay. The idea is
to keep the borrower
from being forced
to pay "hidden"
fees at closing.
RESPA also requires
that borrowers receive
disclosures at various
times. Some disclosures
spell out the costs
associated with
the settlement,
outline lender servicing
and escrow account
practices and describe
business relationships
between settlement
service providers.
Truth
In Lending Act (TILA)
The Truth In Lending
Act (TILA) also
known as Regulation
Z, requires that
annual percentage
rate (APR), term
of the loan and
total costs must
be disclosed to
a borrower prior
to extending credit
to the borrower.
This information
must be conspicuous
on documents presented
to the consumer
before signing,
and also possibly
on periodic billing
statements.
Equal
Credit Opportunity
Act (ECOA)
The Equal Credit
Opportunity Act
(ECOA) prohibits
discrimination in
lending based on
race, creed, religion,
national origin,
sex, marital status
or age. It also
ensures that all
consumers are given
an equal chance
to obtain credit.
This doesn't mean
all consumers who
apply for credit
get it: Factors
such as income,
expenses, debt,
and credit history
are considerations
for creditworthiness.
The law protects
you when you deal
with any creditor
who regularly extends
credit, including
banks, small loan
and finance companies,
retail and department
stores, credit card
companies, and credit
unions. Anyone involved
in granting credit,
such as real estate
brokers who arrange
financing, is covered
by the law.
Fair
Credit Reporting
Act (FCRA)
The Fair Credit
Reporting Act (FCRA)
promotes the accuracy,
fairness and privacy
of information in
the files of consumer
reporting agencies.
When you apply for
a mortgage, the
lender pulls a credit
report. The FCRA
guarantees you will
have access to that
report. |