Comprehensive Forensic Analysis
The purpose of the Forensic Mortgage
Analysis is to provide the reader with
an in depth third party investigation of
the loan attributes, sequence of events,
business and compliance practices
followed throughout the Mortgage loan
transaction. The Forensic Mortgage
Analysis Report will identify potential
deficiencies, discrepancies, errors and
statutory violations within the
particular mortgage loan transaction.
CMAC’s proprietary Violation Assessment Model (VAM) is easy to read
and comprehend as it articulates the specific statute violations revealed
during the course of the investigation in detail, it explains what action or inaction caused the violation, along with details of the applicable regulation and/or
relevant case law and possible
remedies available.
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Rescission-Finder Audit
The most powerful foreclosure defense mechanism provided to Mortgagors mandated by Federal Law is the extension of their right to rescind a mortgage transaction via the Truth in Lending Act & Regulation Z.
The Rescission Finder Audit is a third party forensic analysis that includes a review of the material disclosures made to the borrowers at closing along with an analysis of the creditor's calculations pursuant to the Truth‐in‐Lending Act (TILA). The purpose of the examination is to reveal the presence of TILA's Material Violations as grounds for the homeowner borrower to exercise their extended (three year) right to rescind the mortgage loan transaction.
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Servicing History Analysis
CMAC's Forensic Mortgage Servicing Analysis provides a comprehensive,
third party accounting and investigation of the servicing history of the Mortgage.
We analyze the Mortgage's Legal Documents, Disclosures, Statements, Servicing History,
Correspondence, Client's Banking History and Servicing Practices followed throughout the mortgage loan transaction.
The Forensic Mortgage Servicing Analysis Report is a comprehensive analysis that evaluates the way in
which rates and payments were applied or adjusted by the servicer in contrast to the appropriate way in
which these rates and payments should have been applied or adjusted in accordance with the legal obligation of the loan, federal, state and local lending laws.
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Scope
CMAC's proprietary Violation Assessment Model (VAM), articulates the specific statute violation, their cause, responsible party, and degree of severity along with relevant case law. The scope of the audit covers legal and regulatory compliance in the following areas:- TILA, HOEPA, RESPA, ECOA, FHA, GLBA, FCRA, FDCPA, USPAP, UDAP
- Underwriting & Servicing Standards, Business Practices, Tangible Net Benefit, Net Present Value
- Common Law Torts
Methodologies
The mortgage loan transactions are analyzed utilizing CMAC's proprietary methodology, investigation & testing protocols and ethics standards set forth by the American College of Forensic Examiners Institute.more
83% of Mortgages Contain Violations
When presented with the legal facts, lenders are more likely to be open to negotiations that are favorable to your client versus pursuing their legal options.
Whether your clients need is Foreclosure Defense, Consumer Rights Litigation, Loan Modification or Loss Mitigation, our Forensic Mortgage Analysis Report will enable you to focus your expertise where it is best utilized- mounting your client's defense, NOT research. Since the audit encompasses Federal and State compliance, it can serve as support for whichever legal strategy you choose. The Forensic Mortgage Analysis Report is a powerful communication medium which will serve as a leveraging tool when negotiating with the lenders. The Forensic Mortgage Analysis Report can shift your strategy from a defensive to an offensive posture.
3350 NW 53rd St, Suite 101
Fort Lauderdale, FL 33309
800-467-1909phone:
954-590-1229fax
E-MAIL: info@truthinaudits.com