Fed up with your mortgage lender? Smell something fishy? Is your mortgage lender not cooperating with your requests to reduce your mortgage payments or principal balance? You are not alone.
According to many estimates, a majority of mortgage loans originated since 2005 at the peak that led to the mortgage meltdown--contain errors.
These errors can be "leveraged" as tools for a borrower or investor to perform a loan workout with the bank, or enact a short sale. Or, the ultimate tool is "rescission" - where you actually can sue the bank to get the entire mortgage forgiven. You will probably "settle" before this happens but this is powerful leverage.
Some may feel moral qualms about this process, but rest assured, it is a legal process by which a trained auditor or legal firm will actually review all of your loan documents to look for the following areas below. This came from a blog posted online - click here:
"Did the loan officer accurately disclose the loan terms to you? ·
Did you sign a separate broker fee agreement? ·
Was your home’s value inflated by the lender’s appraiser? ·
Did the lender fail to verify your ability to repay the loan? ·
Were you given all federal and state disclosures? ·
Were you properly notified of your right to cancel the loan? ·
Do your closing documents contain any technical errors? ·
Were you charged excessive or undisclosed fees? ·
Has your loan been sold without your knowledge? ·
Any and all applicable federal and state law violations ·
The real terms of your loan ·
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 Report of all factual findings of the forensic audit using violations along with other areas of fraudulent discovery may allow litigation claims such as:
Slander of Title; Fraud (Material Misrepresentation)
Void Contract - Impossibility to Perform (CA Civil Code 1411,1511, 1595 et seq)
To Cancel Deed of Trust; Breach of Fiduciary Duty
Violation of CA Business and Professions Code Section17200 etseq
Intentional Infliction of Emotional Distress
Declaratory Relief; Injunction Relief
Restitution (Unjust Enrichment)"
Bottom line is, if the lender violated these or any number of laws, you have recourse against the lender. This can translate into bottom line dollars for you or your client.
If you are a real estate investor, you can offer this as value added to your seller or homeowner you are doing business with. If you are a homeowner, you could do the same.
Note this is not the catch-all that can or will solve all of your problems, but it is an important step to help you or your clients get the relief you seek.
CAUTION: you must hire a competent trained expert to perform these. There are many frauds and scams out there preying upon desperate borrowers not performing these services, or services not being performed by credentialed individuals.
Good luck!
Thursday, April 23, 2009
Monday, April 13, 2009
Top 3 Critical Times You MUST meet Face-to-Face with your tenant/buyer Part 2
Here is a perfect example for #2 and #3, which are very closely related:
We took over a property "subject to" a year or so ago, where the seller was behind on her first mortgage payments with Chase, and deeded us the property into our trust, and we brought the loan current and started making payments.
For some reason, the bank did not properly process these payments. They started putting them in "suspense account" while starting to send a late notice to the seller who is also a previous borrower.
Meanwhile, buyers had moved in on a "contract for deed" in which they made repairs as part of their downpayment, and began making payments on the property. We agreed to give them the deed in their name when they complete the payments on the property or refinance, whichever happens sooner.
Anyway, the seller freaked out and was unable to reach us. So she went directly to the property and informed the buyers in the property of a delinquency and possible pending foreclosure.
Understandably so, the buyers were so freaked out they called us and began making all sorts of legal demands and accusations.
As a solution, the seller suggested we all meet somewhere near the property to discuss this face-to-face. I agreed, and then got the insight that this should be best handled with an official present. So I scheduled a meeting at my local title company where my title agent would preside, and answer all questions. All the parties would be present.
This worked like a charm. The title agent validated the title, the parties raised their concerns. I handled their objections and then steered them in the direction of setting up an account servicing program, where they would make payments directly to the title company, who would then make payments to the bank.
It would all be done third party and at arm's length. They were all happy with that solution and left with smiles on their faces. This was done on a Friday, in time for the Easter Holiday, which I am sure they all enjoyed more.
Had we stalled on meeting face to face, or dealing with these problems squarely, this deal would have blown up and resulted in a costly, unnecessary lawsuit.
Top 3 Critical Times You MUST meet Face-to-Face with your tenant/buyer Part 1
With all the emphasis made on "delegating" and "outsourcing", having others help do what you can't or don't want to do in your business, and using technology to make life more efficient and automated, there are times that you still must meet with the buyers for your homes.
I know I like to work in a very "hands-off" sort of way. I prefer to spend my time writing, thinking, meditating, strategizing newer and better ways to run my business, create new revenue streams and information products.
It's very tempting to get so into my bandwagon of prosperity I almost forget that the business is there to serve it's clients: buyers and sellers. I do have an acquisitions/resale coordinator Dave J., who handles the day to day operations and interactions with the sellers and buyers.
He's very efficient by phone and email, but here are the times when you still MUST meet with the buyers:
1. When reserving the property and signing the lease and purchase paperwork. Sometimes you will reserve it first, and then give them the paperwork to sign. Sometimes you will do it in one fell swoop, all at the same time.
2. When the buyers request it and there is no way to address their concerns my phone, fax, email, or mail.
3. When its so important for the integrity and stability of the deal, you have no other better alternative.
Monday, April 6, 2009
No-Cost Credit Tip Gets Your Buyers Financed Faster
For today's real estate investor, good credit is critical to enact a sale of your property to a buyer.
But there are alot of factors that can harm your buyer's credit and they may not even know it.
For example, an identity thief could steal your personal data and social security number to get credit cards without your permission or knowledge. Or a past due phone bill that doesn't even belong to your buyer may pop up on your credit. It has happened to our buyers more often than I care to admit.
Many of these inaccuracies prevent our buyer from closing a purchase. So in that case, we sell to them with a 12-24 month lease-purchase agreement. Before we move our buyer into the property, we make sure they are aware of the credit problems that need to be fixed, and give them a plan to take care of these items.
This keeps the buyers happy because they feel more in control and empowered, and this keeps us happy because we know our lease-options will cash out sooner when the buyer obtains new financing.
Many of my buyers are shocked to find some of the inaccuracies on their credit report. Fortunately there is a simple solution to empower our buyers. We encourage them to check their credit once a year just to see their progress.
Fortunately, there is a FREE way, that doesn't cost a single dime that lets you check credit every 12 months at no cost. There is no excuse not to check your credit in this manner.Click AnnualCreditReport.com to go straight to the source.
Beware of imitation sites - to the best of my knowledge and research this is one of the only few truly authentic sites.
Thursday, April 2, 2009
Avoid Unpleasant Credit Surprises with this Free Tool
Recently our admin assistant operations coordinator noticed how successful I've been with repairing errors on my credit report and how I've helped others do the same for themselves. Seemingly incurable fixes.
One of the worst problems I've seen people do is they fail to check their report regularly.
Here are some common objections to checking credit and how you can handle them:
It takes too much time.
The good news is that checking your credit takes a few moments or just a click of a button.
I don't want the hassle.
The truth is, in this day and age, you can't afford NOT to check your credit. ID theft is on the rise, and your credit could be accessed by someone without your knowledge.
Its too expensive, I don't want to have to pay every month to have my credit monitoring.
Fortunately, there is a FREE way, that doesn't cost you a single dime that lets you check credit every 12 months at no cost to you. There is no excuse not to check your credit in this manner.
Click AnnualCreditReport.com to go straight to the source.
There are many "wanna-be" sites that look similar to this official "Free Credit Report" site but they are cheap imitations. Only stick with this official site to keep from having items tampered with.
So go visit this site and check out your credit. Do it now, thank me later!
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credit repair,
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