Products

Our focus products consist of a variety of audits, all of which include the name and the credentials of the person doing your audit. It is key that a person who is experience and qualified complete your audit. Many companies strictly use software or inexperience staff. That won't get you too far when dealing with lenders. They can determine right away what they are up against. You need evidence that will stand up in court if necessary.

In addition to audits, we provide a number of services that include: free consultation and education, expert witnesses, affidavits, training for attorneys, consulting for attorneys, and more.

Please contact the case manager that sent you hear for more information.

Best selling author Vince Kahn has literally written the book on foreclosure defense. In fact one Supreme Court Justice even states:

“IN MY OPINION, THE FORECLOSURE DEFENSE GUIDEBOOK BY VINCE KHAN IS A MONUMENTAL DIRECTIVE FOR REMOVING AND SMOTHERING THE LENDING INSTITUTIONS AND WALL STREET EVIL DOERS WHO HAVE TAKEN ADVANTAGE OF THE AMERICAN HOMEOWNER….BUY 2 COPIES OF THE BOOK, ONE FOR YOURSELF AND ONE FOR YOUR LAWYER.”
C. L. RAY, JUSTICE (ret.), SUPREME COURT OF TEXAS

The Foreclosure Defense Handbook is an easy read, written just for consumers. It has a full description of securitization and how it affects you. Mr. Kahn also endorses our audit products and calls our securitization audit:

“an essential piece of ammunition in any foreclosure defense”

CDS (Credit Default Swap) Report

A Credit Default Swap (CDS) is a financial swap agreement that the seller of the CDS will compensate the buyer in the event of a loan default. Typically and investor will file a claim in the borrower is 3 months late in payments. The CDS amount can be equal to the face amount of the original loan and sometimes greater. You do not have to be the owner of the note to purchase a CDS. In the early 90's CDS's began to hit the market and notes became securitized. In 2003 the amount of investors that purchased CDS's increased at a great pace. This was due to the introduction growing number of Sub-prime and ALT-A loans. Theses were very risky loans, so investors wanted to make sure these Notes were protected.

The CDS Report will identify if a securitized Note was protected, as well as the policy information. Vince Kahn, author of the Foreclosure Defense Guidebook, says a CDS Report is "The Smoking Gun" in a foreclosure case. A Level 1 audit is required before a CDS Report can be ordered. If you have a hearing coming up, we will include an affidavit written by the auditor who performed the CDS Report. This affidavit will be formatted for the hearing with the plaintiff, defendant and the case number.

Quiet Title Action

An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title.

This legal action is "brought to remove a cloud on the title" so that plaintiff and those in privity with him may forever be free of claims against the property. The action to quiet title resembles other forms of "preventive adjudication," such as the declaratory judgment.

Some people like to think of a Quiet Title as a reverse Lis Pendens. In a judicial state when a bank begins the foreclosure process, they will send the homeowner a Lis Penden. A Lis Pendens, meaning, "suit pending" informs the homeowner of the lenders intent to sue for foreclosure. A Quiet Title is notifying all parties involved, such as the servicer, trustee, investor, master servicer and so on that the homeowner is challenging ownership of title and demands a response within 20 days. In many cases there is no response, which leads the way to a default judgment. About 50% of the time there will be a response from one of the parties usually asking for just cause or evidence.

It's very important for the homeowner to have their evidence prepared before initiating a Quiet Title. Evidence can be provided within a securitization audit, that illustrates the chain of title and much more. Below is a list of securitization audits we have available to you.

CLICK HERE for sample complaint.

Basic Securitization Audit

This audit is specifically designed for the Quiet Title. In order to have evidence you need to conduct an audit before ordering a Quiet Title. You need to have evidence or just cause to move forward, otherwise you could be filling a frivolous lawsuit. This audit will illustrate the chain of title and review the Loan Application (Form 1003), the Mortgage or Deed of Trust, the Note, RESPA Transferring and Servicing Disclosure and much more. The Basic Audit can be upgraded to an Expanded Securitization Audit with Affidavit.

Securitization Plus Audit

This audit is done by a team of research professionals and the auditor doing the report is Richard Kahn, who is one of the best auditors in the nation. Mr. Kahn has been an expert witness in over 1,000 court cases and he is very well known among defense attorneys and lenders nationwide.

When our auditors check through the available databases to locate the pool, pools or group(s) of pools claiming to have ownership of the borrowers’ loan, we try to find actual mention of the note, either through loan number, address, loan size, loan type or other loan specific details. Otherwise, we use the Closing dates and Cut-off dates for the specific pools that the loan may be in. We search through the 424B5 Prospectus and the Pooling and Servicing Agreements. If a 15-15d Suspension of Duty to Report is filed we can provide that as well.

Usually, there is no recorded and perfected Chain of Assignments, nor is there a Chain of Endorsements in any Securitized Loan, no assignment history that goes from the lender, to the Sponsor, to the Depositor, and lastly, to the Trust, as required by most Pooling and Servicing Agreements.

Our audits usually show that there is a chain of ownership that has not been properly executed, and that any party trying to foreclose needs to present clear ownership and explain why they have a clear right to foreclose.

CLICK HERE to view sample audit #1.

CLICK HERE to view sample audit #2.

Expanded Securitization Audit with Affidavit

This 47 page audit and 18 to 20 page affidavit is a large expansion to our current audit and provides an increased section focusing on fraud. We will include everything that is in our securitization audit, plus a section on Robo-signing, current court paperwork, charts for that can be used in trial, an affidavit from our head underwriter covering the findings in the audit and so much more. This product is recommended for attorneys, homeowners that are in foreclosure and homeowners that have been foreclosed on. Included is the Pooling and Servicing Agreement and Prospectus totaling over 500 pages.

CLICK HERE to view the audit.

CLICK HERE to view the affidavit that comes with this audit at no extra charge.

Securitization with Forensic Audit Supplement (Level 1)

This audit analyzes all the mortgage paperwork, disclosures, Deed of Trust / Mortgage, Note, Loan Modifications, Lenders Correspondence and Legal Court Documents. In addition a securitization audit is performed. Most people use this audit to see if they can get a CDS (Credit Default Swap) Report. Level 1 and 2 audits can be upgraded to a level 3 if needed.e

Securitization with Forensic Audit Supplement (Level 2)

This audit is done by former officers of a major bank. Included in this audit is research to locate the trust, a securitization audit to review the chain of title and manually produced forensic audit supplement. This is a great audit for attorneys that wish to mitigate a settlement with a bank or mortgage lender. This audit also includes "Stop Sale Feature". The auditor contacts the Trustee to arrange a suspension of the sale. In about 40% of these cases, the Trustee cancels the sale altogether.

Securitization Elite (Level 3)

This is our best audit and most likely the best audit you can get anywhere. All our auditors involved have held officer positions at the major mortgage banks or lenders. This audit includes all the features of the securitization audit with forensic audit supplement, plus it's litigation ready, incudes a full discovery and research, auditor's resume, auditor affidavit, extensive "Robo-Signing" research, customized legal format and so much more. This audit also includes "Stop Sale Feature". The auditor contacts the Trustee to arrange a suspension of the sale. In about 40% of these cases, the Trustee cancels the sale altogether.

This audit is great for if you have a hearing. An affidavit is also provided one you have a hearing set.

CLICK HERE to view audit.

NOTE: This audit includes a complete Prospectus and Pooling and Servicing Agreement and many other features not listed here.

Forensic Audit

First of all you need to know that a forensic audit by itself is not going to do much. Any violation found in these audits may give the lender a slap on the wrist. Most judges don't give much credit to these audits. One of the problems is that most people that do audits are not very qualified and rely highly on a software program. They're not worth the price of the paper they're written on. Our forensic audit is good for informational purposes. We recommend one of our securitization audits if you are thinking about taking on your lender. All our auditors are highly experienced with many years in the mortgage and securities industry. We have sample securitization audits and affidavits below.

A Forensic Mortgage Loan Document Audit is a comprehensive investigation of the documentation in homeowners existing loan(s). We utilize special state and federal mortgage loan post compliance software to calculate and identify violations. We then take these results and compile them into a detailed report for your client to easily read. In addition to software, our highly skilled auditors manually audit your mortgage paperwork for fraud and errors, including forgery, cut and paste, misrepresentation, junk fees, predatory lending, high cost loans, steering and so much more.

The Forensic Mortgage Loan document audit is a significant part of a loan modification request, short sale process, foreclosure defense and a mortgage check up, which we call, “The Mortgage Stress Test”. Most audits performed reveal major violations in TILA (Truth in lending Act), passed in 1968 and The Real Estate Settlement Procedures Act (RESPA) passed in 1974. Both Laws are designed to protect consumers in credit transactions by requiring clear disclosures and costs in the terms of their loan. Our audits will reveal any violations in predatory lending, The HOEPA section 32 Act, Usury Act and Real Estate Fraud Violations.

Commercial Pre-Check Audit

This is a summary report for those with businesses that want to have an idea of where they stand. This is not a complete audit. If your client decides that after seeing this audit, they want a complete audit, the price they paid will be applied to the Commercial Audit.

Commercial Audit

Many commercial real estate mortgages have been bundled into Commercial Mortgage Backed Securitizations. These differ from Residential Real Estate Backed Securitization in various ways. Mainly in how they were bundled and how they were reported to the SEC and the county level.

We cannot rely on county level searches or MERS to produce much evidence or history, so it is imperative that all recent paperwork on the commercial loan be provided to track down the potential trust that the loan resides or we will not do the audit.