Mortgage Examination Services
Using more than 80 years of collective industry experience and specialized mortgage transaction analysis, the professional individuals at Peace of Mind can provide you and/or your attorney with all the assistance and evidentiary support that you need to obtain a satisfactory resolution. Countless clients and their attorneys have relied on our services and referred our company to others in similar situations. We would be happy to review your current mortgage issue, investigate any evidence, and assess any possible mortgage defenses/offenses that can help you, and/or your attorney, preserve your home, safeguard your finances, and protect your rights at any time.
Either you or your attorney can request a case consultation today and work with one or our helpful team members to learn more about your unique situation. If your case is of urgency, please contact the Peace of Mind office to speak with us directly.
Peace of Mind is the only company in this industry of its kind. We set stringent standards for excellence in service and performance to our clients with world-class analysis, making our consistent results a proven demonstration of reliability, professionalism, accuracy and vast experience within our industry, and for which we have earned considerable recognition.
Rest assured our knowledgeable and dedicated team members can perform an in-depth examination of your mortgage transaction to reveal any significant errors that could allow you or your attorney to challenge predatory lenders and their aggressive tactics. We specifically assist in the development of a formidable foreclosure defense that you or your attorney can use to save your home. No matter what your financial situation looks like currently, we possess the adequate skills and knowledge that are needed to protect your interests.
Have you received a notice of foreclosure on your property? Do you suspect that you are involved in an unfair or fraudulent loan agreement? Are you looking for a way to save your home? Would you like to cut through all the misinformation and find out what really works? Would you like to learn options that the so-called “gurus” aren’t aware of? If you answered “yes” to any of those questions, the professional team at Peace of Mind can assist you and/or your attorney with all of these issues – and more.
Contract breaches, errors, statutory/regulatory violations, fraudulent appraisals, and other fraudulent conduct cause most mortgages to be legally and financially problematic. In fact, a 2006 Federal Deposit Insurance Corporation (FDIC) report found that of the nearly 2,000 financial institutions the FDIC assessed in 2005, 1,607 (or 83%) received citations for “significant” compliance violations. The FDIC also examined appraisals and found that of the 259 appraisals reviewed for accuracy, only SEVEN fully complied with professional standards. A whopping 194 of the 259 contained “multiple egregious violations” of regulations and industry standards. www.fdic.gov/regulations/examinations/supervisory/insights/sisum07/article02_staying-alert.html
Individual homeowners, as well as attorneys, who have followed our methodologies, have received multi million dollar awards and clear title to the homeowner’s property. So, don’t risk the very high likelihood that your mortgage contains an expensive error. At Peace of Mind, each and every one of our experienced team members knows just how costly a missed opportunity can be.
Methodology Is Authorized By Contract And The Government
Homeowners need to understand that a foreclosure is basically an allegation that the homeowner breached the contract by failing to make timely payments. The contract is clear - the borrower promised they would make timely payments, and if they didn’t, the lender could take the property. The way attorneys have overcome the homeowner’s breach is to show the lender breached first, identify errors that would void the contract, identify statutory/regulatory violations, including unlawful and non-contractual application of fees and interest amounts, identify fraudulent inducement and other fraudulent conduct. The only accurate way to find these transgressions is to thoroughly examine the entire mortgage transaction, to include the appraisal and any other documents that may be applicable and of which relate to the entire mortgage transaction. This meticulous examination of your mortgage, loan, and appraisal may identify legal defects that would make your mortgage unenforceable, entitle you to compensation or free title to your property, and other similar benefits.
Moreover, the process is really simple because virtually all Deeds of Trusts/Mortgages contain language requesting or requiring a Notice of Grievance be sent outlining the abuses and providing time for the lender to cure them. When a lender does not cure or properly attend to the matters set forth within a Notice of Grievance, the matter may then be referred to sanctioning by the government, as Fannie Mae requires Servicers to have a system and process in place to handle these grievance notices, or otherwise be subject to such disciplinary actions such as sanctions, at the minimum.
Countless homeowners/attorneys can affirm that we are a leading enterprise helping homeowners retain their home and relieving the burdensome stress involving the mortgage matters, lenders and their servicers. We are particularly adept at uncovering and obtaining evidence which can be used by you and/or your attorney as the conclusive evidence to your foreclosure defense case. THE EVIDENCE THAT WE UNCOVER COULD:
- Make your mortgage agreement unenforceable
- Entitle you to compensation, and/or clear title to your property
- Negotiate on YOUR terms, not the banks'
- Retaining your home
Solving Problems With Experts Who Have More Than 80 years of Experience
The areas of foreclosure defense, mortgage, and other financial issues can be incredibly complex. Even if you are willing to negotiate and work with the lender or servicer concerning your home loan in an effort to keep your home, you may not even comprehend where to begin. We at Peace of Mind can help successfully guide you and/or your attorney in overcoming the complex foreclosure process.
Below, are just a few of many established lines of strategies and possible remedies where the bank may have to negotiate on the homeowner’s terms, not theirs. Some have resulted in homeowners receiving multi million dollar awards and free title to their property.
Sometimes an appraiser will inflate the value of a property to please particular lenders to obtain repeat business from these lenders. Other times, however, appraisers may be colluding with lenders and receiving kickbacks for fraudulent appraisals. Remedies for appraisal fraud can include actual damages, punitive damages, and attorney fees.
Breach Of Contract
Just as you have an obligation to pay your mortgage, the lender has a responsibility not to interfere with your ability to do so. Lenders who quietly reward brokers for bringing borrowers to them - and subsequently pass on the cost of the reward to the borrower – may share liability for the broker’s breach of fiduciary duty. Other examples may include force placing insurance, resulting in more expensive insurance premiums.
Criminal Financial Forensic
A loan predicated upon the LIBOR index (London Interbank Offered Rate) and/or underwritten using the LIBOR, by way of the ‘MBS/REMIC Securitized Trust Agreements/Marketing Agreements’, and therefore used to pay/fund real estate purchases, student loans, credit card debt, and many such financial products were offered at a rigged lower or rigged higher interest rate which impacted most financial products that were interest based such as, but not limited to, Money Market Accounts, Mutual Funds, Certificates of Deposit, Annuities, Student Loans, Car Loans, Mortgages, Credit Cards that manipulated and violated mandated 'material disclosures' required under the Truth In Lending Act (TILA). It has been found that the LIBOR has been illegally manipulated since 1991 and the LIBOR manipulation was exposed in 2012 by way of several criminal investigations conducted by the U.S. Department of Justice, the FBI, the U.S. Commodities Futures Trading Commission, the U.S. Securities Exchange Commission, the British Financial Conduct Authority (FCA), the Swiss Financial Market Supervisory Authority FINMA, the European Commission, and many other international Banking Regulators. The LIBOR influenced loans are now considered counterfeit and subject to recall in the United States, and are subject to remedies as described in 18 USC 3771.
Once the LIBOR fraud is established per the homeowner’s situation, the homeowner qualifies under the Federal Crime Victims’ Rights Act, thus initiating the process to have any payments made by homeowners towards this illegal debt repaid as full restitution and disgorgement of the Note/Debt Instrument (under 18 USC 3771). This process utilizes the Department of Justice’s criminal LIBOR convictions as the foundation for the restitution and disgorgements. The U.S. Department of Justice created this platform, which is used for criminal prosecution as a remedy for institutions, government agencies, municipalities and homeowners.
Credit Reputation Damages
Upon determining that there has been a statutory violation, legal error, contract breach, or tortuous conduct regarding a foreclosure, you may have experienced economic damages. If your credit reports or credit scores have eroded due to any type of error, you may have legal remedies available to you.
We are often able to determine that the Notary’s Commission is invalid, or documents were notarized without actually witnessing the borrower sign documents. This invalidates all documents in question and can lead to beneficial concessions from the lender, and possible punitive damages.
Typically, unconscionability refers to extremely unfair or one-sided terms in a contractual agreement, usually unbeknownst to the other party. This defense is focused on the events surrounding the creation and closing of a mortgage loan. Unconscionability can give the court great leeway in deciding whether a mortgage can be voided or changed.
Equal Credit Opportunity Act (ECOA)
Under the ECOA, victims of bait-and-switch tactics can file a claim for legal recourse. If you have been taken advantage of due to unscrupulous marketing strategies, ECOA provides numerous solutions, including private remedies for actual and punitive damages, equitable relief, and attorney’s fees.
Failure To Establish Conditions Precedent
Many homeowners want to get a foreclosure action thrown out of court right away. Using a failure to establish conditions precedent, you can successfully use this defense to attack a lender’s pre-foreclosure process. We can help you obtain any evidence needed to prove the need of a condition precedent.
Unfair And Deceptive Practices
Overreaching mortgage transactions can often be challenged under state Unfair and Deceptive Practice (UDAP) law. Broker misconduct, licensing violations, and transactions with lenders and / or brokers who are not licensed, but should be, may be void.
Interstate Land Sales Full Disclosure Act (ILSFDA)
The ILSFDA applies to the sales of subdivisions containing 25 or more residential lots (or, potentially more than 100) where interstate commerce is used to sell the subdivision’s lots. There are specific requirements and disclosures that need to be made to the consumer prior to the sale and at closing when a builder wants to sell the lots.
Fair Debt Collection Practices Act (FDCPA)
Consumers may bring lawsuits against abusive debt collectors violating the FDCPA, and may obtain damages from the debt collectors. Damages may include actual damages for costs of the lawsuit, and reasonable attorney’s fees. Actual damages can also include compensable credit reputation damages.
Fair Housing Act
The Fair Housing Act prohibits discrimination in residential real estate-related transactions based on race, color, religion, sex, handicap, familial status, and national origin. Common violations of this act include lenders allowing discriminatory pricing by mortgage brokers or loan originators.
Home Ownership And Equity Protection Act (HOEPA)
The HOEPA Rule is a very powerful federal law governing high-cost refinance and home equity loans. Though HOEPA was enacted as an amendment to the Truth in Lending Act (TILA), the act specifically addresses abusive practices. Violations of HOEPA allow victims to pursue substantial monetary damages.
Real Estate Settlement Procedures Act (RESPA)
In addition to prohibiting kickbacks and unearned fees, RESPA governs many types of disclosures that lenders must provide at the time of closing. Enacted in 1972, this federal law enables damages, and sometimes revocation if the error triggers TILA.
Real Party In Interest
This is a procedural defense to foreclosure that can be extremely effective at stopping a lender’s ability to foreclose. The real party in interest will essentially question the ownership of the mortgage and challenges whether the foreclosing party is, in fact, the holder of the mortgage and note.
In utilizing the guidelines of statutes 18 USC 1028 et seq, 18 USC 3771, 18 USC 4, 15 USC 1681 and the 14th Amendment of the U.S. Constitution, most consumers and homeowners may discover that they have been subject to documented illegal Identity Theft Actions and have been financially damaged by these documented illegal actions.
Truth In Lending Act (TILA)
For any loan transaction, banks must provide a homeowner correct disclosures at or before the time of closing. If these disclosures are inaccurate, the loan may be statutorily rescindable under TILA. The lender must also provide a “Notice of the Right to Rescind” at closing. If this form is inaccurate, incomplete, or incorrect, the loan is rescindable up to three years after the date of closing.
Contact Peace of Mind to be Part of Your Team
Peace of Mind consists of an expansive team of professionals with extended knowledge and experience who have helped countless homeowners and attorneys achieve positive resolutions based on fair and legal terms set and approved by the homeowners.
Additionally, the Peace of Mind team:
- Devotes effort and time into performing a thorough, extensive, one-of-a-kind analysis of the mortgage transaction;
- Provides detailed forensic document analysis services of an entire mortgage loan from its inducement; and
- Guarantees the lowest possible fees, comparatively, for such high quality professional services.
If a foreclosure action is found to be legally questionable, it cannot only put an end to foreclosure, but it can also potentially void a mortgage, entirely. Sometimes, an appraiser may conspire with the lender and fraudulently inflate the value of an assessed property to help the lender justify a predatory loan. At other times, a broker may inflate a loan application and the numbers divulged within it, unbeknownst to the homeowner, causing the loan application to qualify, whereas, if the true numbers were submitted, as provided by the applicant, it would not likely result in a qualified loan. The scores of possible injuries due to such fraud by a broker or lender are numerous.
If our team at Peace of Mind suspects that any sort of fraud or misconduct occurred, a homeowner may be entitled to various damages and reimbursement of attorney fees. Our process of a Forensic Fraud Audit can determine if there was a breach of contract, errors that possibly void the contract, fraudulent conduct, and/or statutory/regulatory violations, and other legal flaws concerning the mortgage loan. Upon our team determining the abuses specific to your mortgage loan, it is our goal to specify all deficiencies related to the documents and actions pertaining to the mortgage loan, including the initiation or threat of a foreclosure against your home, and provide you with any options determined in assisting you in obtaining a successful resolution, a favorable outcome, and any possible valid claims for damages that you may be entitled.
As the nation’s financial crisis has shown, misconduct is rampant within our financial system. Your mortgage transaction and/or the foreclosure process may have violated regulatory and legal standards. If this occurred, one of our skilled mortgage transaction analysts can reveal any technicalities that can help you, and your attorney, put a stop to your foreclosure and change the dynamics of your mortgage loan arrangement.
There is absolutely no service comparable and as beneficial to your circumstances like a complete transaction analysis by our professional team. Peace of Mind will execute the experienced services of our team members to examine your transaction and deliver a detailed report to you, and your attorney, if you have one, within 7-10 business days.
Attorneys, do your clients need evidence to end their foreclosure and make the bank negotiate on your terms?
If so, then you will need the assistance of a professional team like ours at Peace of Mind! Our experienced team members review the mortgage transaction for all possible discrepancies that could raise questions about the legal standing of the mortgage and the loan.
We analyze every page of every document, including the appraisal, and analyze the entire mortgage transaction and its individual history to understand fully all problematic issues it entails. With our decades of combined mortgage lending, legal and litigation support, investigative and research services and appraisal experience, we are able to determine and designate a complete and comprehensive paper trail supporting all potential claims which may exist, including, but not limited to, various fraud actions, intentional misrepresentation, deception, discrimination, unfair lending, unfair debt collection practices, unjust enrichment, and even criminal violations. Only a thorough and accurate assessment of a mortgage and its related loan transaction, such as one offered by Peace of Mind, can expose such serious errors, fraud, breaches and other unlawful schemes of dishonesty.
If you wish to unlock and reveal the evidence that is needed to help you keep your home, you must contact Peace of Mind, immediately. Speak with a live team member at 866-4-Way-Out or 866-492-9688!