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Frequently Asked Questions

Q. My documents don't have my signature, is that ok?

A. YES, those are the documents we want. If you only have documents that contain your signatures, that tells us you likely requested those documents from the bank after closing your loan. Those documents have already been sterilized by the lender and they will not likely send you any documents that they know may incriminate them. We prefer the unsigned copy package that was provided to you at the time you consummated your loan. Federal law requires the lender to provide you with various disclosures at closing. If you send us documents that were provided by the lender after closing, we have no way of knowing if the lender complied with federal law at closing.

Q. What is the difference between a Loan Auditor and a Document Examiner?

A. For the most part, Loan Auditors use computer software to generate an automated report. This software is a spin off of the loan origination software (LOS) or the quality control compliance software (QCS) that the lenders uses after the closing of your loan to make sure it complies with the secondary market matrix. Examiners do not use compliance software to generate a detailed written report. Computers do not read all your loan documents, examiners do. Computers do not investigate foreclosure documents or conduct special investigations, examiners do. Computers do not create a personalized written report that incorporates the three elements of standing, examiners do. For the most part, a prudent attorney would not stand up in court with an automated printout from a software program that merely defines a few violations without the supporting exhibits. It's also important to remember that opposing counsel has already seen hundreds of these audits and have their template defenses in place. When they see an examination report that incorporates the three elements of standing which clearly defines the violations with supporting exhibits, they have no template defenses and thus, discourages counter arguments and encourages settlements. 

Q. I have read many court decisions that may support my case, should I reference them in my complaint?

A. This is were you need to be very careful. You have to insure that any court decision you want to use contains a cause of action that matches anyone of your causes of action and was upheld by the court. You need to insure that any reference you make to a court decision is not subject to appeal. Imagine standing before the judge and opposing counsel says "your honor, that case was just overturned by the appellant court." ...your goose has now been cooked! Also, its important to remember that many court decisions are based on state law. A court decision in New York may not have any merit in Utah. You need to insure that; 1. court decisions have already passed the appellate process or the statute of limitations for appeal has passed. 2. the decision is domestic to your state. 3. the decision contains a cause of action that matches your cause of action and that your cause of action has equal merit

Q. I have found a lot of information on the internet. How useful is that?

A. Sometimes the information and templates you find on the internet could become your own worst enemy. Remember, bank attorneys throughout the country have access to this same information and have already seen just about every theory or conjecture found on the internet surface in court and have well prepared their defenses in advance. Furthermore, using the language you found on the internet incorporates unfounded theories, conjectures and accusations that demonstrates stressful behavior and has little or no standing in a court of law. This tends to cripple your case when discovery of events that do rise to standing are made and you try to amend your complaint accordingly. Once you have submitted unfounded theories and allegations in your case, anything that has merit which is discovered later are easily squashed by opposing counsel by simply pointing out your history of unfounded causes of action.

Q. What will a forensic examination and special investigation of my loan documents do for me?

A. Forensic science is defined as the application of science to the law. The purpose of a forensic examination in any discipline of forensics is to make legal discoveries of  violations of the laws and provide supporting evidence which exhibits those violations. Based on the forensic examination report, one can develop their legal strategies pursuant to the discoveries therein. Our reports will be sent to you in two formats, a PDF file which includes the report and supporting exhibits, and a Word file with just the report for copy and paste purposes. You simply copy then past the violations to your causes of action.

Q. If I'm in foreclosure, what documents do you need from me in addition to my loan documents?

A. We need everything that was recorded in the county where the property is situated from the date the deed of trust, mortgage, or security deed was recorded. Everything that has been mailed to you by the foreclosing trustee or attorneys. Everything that remotely has a connection to the lender's foreclosing process such as affidavits, declarations, lis pendens and motions for summary judgement..

Q. What is the difference between a wrongful foreclosure and unlawful foreclosure?

A. A wrongful foreclosure is a case whereby a lender foreclosed on the wrong property or foreclosed on a property that has already been paid off or the loan was not in default. Unlawful foreclosure is a case whereby a lender illegally foreclosed and did not comply with state laws in the process. We recently made a wrongful foreclosure discovery in Washington whereby we proved that a deceased borrower was actually paid ahead at the time of his death by $48,000 and the bank that foreclosed was trying to take advantage of the survivors. Insofar as unlawful foreclosure discoveries, there are far too many discoveries to mention.

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