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Mortgage Document Examinations Foreclosure Investigations Securitization Investigations |
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(619) 475-8412 |
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Charles
J. Horner, &
Associates ACFEI CAREB |
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Attorneys & Brokers |
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· STANDING - In order to successfully
litigate or mitigate against another party, you need Standing to do so. Our
examinations and reports are designed to incorporate what we define as the
three elements of Standing. In order to minimize opposing counsel arguments,
we do not incorporate theories, conjectures, or unfounded allegations that do
not rise to Standing. The
Three Elements Of Standing 1. There must be a Law, Statute, or Regulation 2. There must be a clearly defined violation of that Law,
Statute, or Regulation in a comprehensive paragraph that
defines the discovery of the violation and how it was discovered. 3. There must be supporting evidence of the violations in
the form of supporting exhibits. “Here it is your honor in black and white, here’s
the law, here’s the violation, here’s
the proof” · Special Investigations - We investigate the public
records recorded in the County in which the property is situated since the
date the Mortgage, Deed Of Trust, or Security Deed was recorded. In judicial
states we examine the lis pendens, motions, and other documents filed with the
court by opposing counsel. We pay
particular attention to Assignments of security instruments, Substitution of
Trustees, Affidavits, and Declarations filed by the entities that are trying
to foreclose. We run background checks on every individual who executed a
document to determine who their real employer is and match their signatures
with our extensive library of signatures for forgery or other malfeasant
activity. We verify the notary commission with the Secretary Of State in the
State which the commission was granted and focus on other evidence that may
rise to notary fraud. We run the Fannie Mae, Freddie Mac, and MERS data bases
in an effort to discover who asserts ownership of your Note. · Securitization - We are paying subscribers of the Security
Exchange Commission (SEC). As such, we are able to extensively search the SEC
data base more so than non-paying members. We look for language in the
Prospectus and Pooling And Servicing Agreements (PSA) that relates to
assignments of security instruments and the cut-off date by which these
assignments must be conveyed to the custodian Trustee. We define the conduit
entities in the asset backed security applicable to your loan. We examine all
Q, K, and D filings and REMIC and Ratings rules that are related to the pool
your loan is applicable to and provide a written report of our discoveries
which is appended to your document examination. Disclosure Contrary to popular
belief, not all loans are securitized. If we cannot discover an exhibit which
identifies the exact pool under which your loan is securitized, we will make
every effort to match your loan to a pool registered with the SEC. This is a
tedious and very difficult process because not every pool discloses the
assets in the SEC data base thus making a property match next to impossible.
Referring to item three above under the heading “Standing,” we must have an
exhibit to support our discoveries. Without an exhibit that proves your loan
is secured by a particular pool, all else is guess work and we do not include
guess work in our reports. Unfortunately, there are so-called “Securitization
Auditors” out there that do exactly that. We are not one of them. |
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Thedocexaminer.com™ Property of Charles
J. Horner & Associates. All Rights Reserved 4045 Bonita Rd. Suite
211 Bonita, Ca. 91902 |
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Charles J. Horner & Associates Forensic Document Examiners |
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Member |
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American College Of Forensic Examiners
International |
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Click On The ACEFI Logo Above To Visit The
Institute |
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Over 24 Years Experience In The Mortgage
Industry Hands On Examination Of All Your Mortgage
Documents No Automated Compliance Software Comprehensive Written Reports |
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Disclosure We are not Attorneys and
therefore, we do not give legal advise. You are encouraged to contact an
attorney in connection with the contents of the examination report. The
purpose of the Forensic Report is to lay the foundation from which a legal
strategy may be developed. This is best accomplished by a licensed Attorney.
We invite you to view our list of Attorneys who are known to practice in this
discipline of law. |
