(PRWEB) March 27, 2012
With many homeowners facing foreclosure and looking for help across America, many worthless services have cropped up with such promises as “mortgage elimination” or other foreclosure tactics that in some cases are patently illegal. One commonly advertised service is a Securitization Audit.
A number of companies have been pushing “forensic loan audits,” aka TILA/RESPA audits. Since knowledgeable attorneys and homeowners recognize these “audits” are basically useless, the "wolves in sheep's clothing” are now peddling, securitization audits.
Mortgage Fraud Examiners Founder Storm Bradford explains: “The supposed reason given for a ‘securitization audit’ is to determine the true owner of a promissory note. Allegedly, with this information, the homeowner can show a court that the party actually foreclosing on a mortgage is not the actual note owner.
However, securitization arguments like, “show me the note,” “assignment,” “MERS,” “robo-signing,” and so on, generally amount to nothing more than just stalling the inevitable--the homeowner getting booted to the curb. None of these hopeless arguments changes the essential fact; the Court in a judicial state MUST give relief and remedy to the lender or assignee, because the borrower breached the contract. And in a non-judicial states, the private trustee implements a private sale to a buyer without a judge’s involvement. Nobody ever looks at the issues raised by the securitization audit. So only the uninformed would think a securitization audit could be anything more than useless.
Moreover, if homeowners and their legal counsel really had doubts about who had the legal right to foreclose they’d file what’s known as a interpleader action listing everyone who might have a claim, deposit their mortgage payment with the Court, and let the lenders and assignees fight it out. However you never see that, since defaulting homeowners and their counsel really don’t care who has the right to foreclose, so long as it’s not THE bank foreclosing now. It’s just about stalling, and lining the pockets of ‘pretender defenders.’ http://www.veteranstoday.com/2012/03/21/mortgage-fraud-examiners-warns/
As a result, knowing who owns your note is like knowing the earth speeds through the universe at 67,000 miles an hour, it’s basically worthless information. Nonetheless, as a courtesy to homeowners they can call us and we’d be more than happy to show them how to acquire information about the owner of their note for FREE.”
Gregory Bryl, a foreclosure defense attorney practicing in Virginia and Florida, explains: “most ‘securitization audits’ that I have reviewed are inadmissible in a court of law; they contain a mere opinion of a layman without personal knowledge (direct experience) as to what happened with a particular mortgage note after closing. Why pay a securitization auditor when you can have your grandmother provide an opinion as to what happened with the note and have her sign an ‘audit report’? In reality, in about 95% of all cases, the information supplied by a ‘securitization audit’ is either already publically available, or it is unavailable to either the homeowner or the auditor. Thus, where a homeowner genuinely lacks this information, an outsider’s opinion (in contrast to the bank’s admission) is unlikely to help.”
Thomas K. Plofchan, Jr., an attorney in Sterling, Virginia, who employs the services of Mortgage Fraud Examiners, adds: “Ultimately, the only real issue is whether a proper lien has been created with the house as collateral. It is astonishing just how many legal errors, contract breaches, and frauds, can be exposed by a meticulous examination of the mortgage transaction.”
“Matter of fact, in two recent cases we were able to identify and establish evidence to show the deeds of trust were void. The end result for the homeowners was receiving their respective homes free and clear. So, it’s quite clear, a thorough examination of the mortgage contract is the ONLY proven method to uncover evidence that could affect the validity of the lien.”
Attorneys Bryl and Plofchan, like many attorneys are exposing securitization audits for what they are basically worthless. http://www.nakedcapitalism.com/2011/05/new-homeowner-scam-mortgage-securitization-audits.html and http://mattweidnerlaw.com/blog/?s=securitization+audits&search=Search
Bradford concludes: “Undeniably, the only established procedure for a homeowner to obtain financial compensation or their home free & clear is through an in-depth analysis of the mortgage transaction, to identify legal errors, contract breaches, tortious conduct, to include appraisal fraud; and then attacking the loan based on those findings. Regrettably, everything else is just wishful thinking or a scam. http://www.wvrecord.com/news/233771-quicken-loans-on-losing-end-of-3-million-predatorylending-
Mortgage Fraud Examiners is a project of Lex Consulting, LLC, for over 30 years, Lex Consulting has provided litigation support to attorneys, helping them break into new areas of practice, or providing specialized advice for complex cases requiring novel approaches to the law. Due to the housing crisis, Mortgage Fraud Examiners, a team of specially trained legal professionals, was created to provide borrowers and the legal community with comprehensive assistance to help them keep them in their homes.
Mortgage Fraud Examiners
Phone: 800-540- EXAM (3926)