Forensic document audit

CDA will perform a focused and detailed forensic review of your original loan documents, modification documents, and current financial situation. Additionally, we will complete a detailed loan document and disclosure audit, performed by our compliance Attorney. We will focus on potential Truth in Lending Act (TILA) and Real Estate Settlement & Procedures Act (RESPA) violations or inconsistencies. Other items we look for include:

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.

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? 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.

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?

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?
If we find irregularities and we determine that you may have been a victim of deceptive lending practices, fraud, predatory lending practices, or any other type of mortgage compliance issues, we will send an official written request to your Lender, on your behalf. We will first attempt to leverage these issues with the lender to make them more receptive to your modification process prior to filing complaint(s) with any agency and inform the Lender of the Issues we have found. Most Lenders will have little choice but to settle immediately, once they review and confirm our findings. In the event, the Lender fails to respond to our official written request within 20 days of our notice or fails to settle within a 60 day time period, we will then refer your case out to our attorney who can file lawsuits with the lender on your behalf.

WE PROVIDE TO YOU:
Results report of all factual findings of the forensic audit and all federal law violations Outline of hidden fees and/or commission earned by your broker or lender A complete assessment so you can pursue possible legal claims against your broker and/or lender.